Competition and Consumer (Designated Shipper Bodies) Declaration 2018

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Legislation au F2018L00593 In force Legislative Instrument

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Competition and Consumer (Designated Shipper Bodies) Declaration 2018

An instrument made under section 10.03 of the Competition and Consumer Act 2010 declaring designated shipper bodies.

Compilation No. 1  

Compilation date:    08 March 2019 

Includes amendments up to:  F2019L00265

 

About this compilation

 

This compilation

This is a compilation of the Competition and Consumer (Designated Shipper Bodies) Declaration 2018 that shows the text of the law as amended and in force on 8 March 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

Contents

1  Name........................................1

2  Commencement..................................1

3  Authority......................................1

4  Definitions.....................................1

5  Declaration of designated shipper bodies.................1

6  Revocation.....................................1

Schedule 1 ASSOCIATIONS WHICH ARE DESIGNATED OUTWARDS PEAK SHIPPER BODIES              2

Schedule 2 ASSOCIATIONS WHICH ARE DESIGNATED OUTWARDS SECONDARY SHIPPER BODIES              3

Schedule 3 ASSOCIATIONS WHICH ARE DESIGNATED INWARDS PEAK SHIPPER BODIES              4

Schedule 4 ASSOCIATIONS WHICH ARE DESIGNATED INWARDS SECONDARY SHIPPER BODIES              5

Endnotes  6

Endnote 1—About the endnotes 6

Endnote 2—Abbreviation key 7

Endnote 3—Legislation history 8

Endnote 4—Amendment history 9

 

 

 

 

1 Name

 This is the Competition and Consumer (Designated Shipper Bodies) Declaration 2018.

2 Commencement

 This instrument commences on 1 October 2018

3 Authority

 This instrument is made under section 10.03 of the Act.

4 Definitions

 In this instrument:

 Act means the Competition and Consumer Act 2010.

 Part X means Part X of the Act.

5  Declaration of designated shipper bodies

(1) An association specified in an item of a table in Schedule 1 is a designated outwards peak shipper body for the purposes of Part X.

(2) An association specified in an item of a table in Schedule 2 is a designated outwards secondary shipper body for the purposes of Part X.

(3) An association specified in an item of a table in Schedule 3 is a designated inwards peak shipper body for the purposes of Part X.

(4) An association specified in an item of a table in Schedule 4 is a designated inwards secondary shipper body for the purposes of Part X.

6 Revocation

 This instrument revokes all previous instruments made under subsections 10.03(1), 10.03(2), 10.03(2A) and 10.03(2B) of the Act.


Schedule 1 ASSOCIATIONS which are DESIGNATED OUTWARDS                 PEAK SHIPPER BODIES

    (subsection 5(1))

 

 Designated Outwards Peak Shipper Bodies

 The following table specifies associations that are designated outwards peak shipper bodies:

 

Designated Outwards Peak Shipper Body

1

Australian Peak Shippers Association Inc. (APSA)

Suite 6.01, 365 Little Collins Street, Melbourne VIC 3000

 


Schedule 2 ASSOCIATIONS which are DESIGNATED OUTWARDS                 SECONDARY SHIPPER BODIES

    (subsection 5(2))

 

 Designated Outwards Secondary Shipper Bodies

 The following table specifies associations that are designated outwards secondary shipper bodies:

 

Designated Outwards Secondary Shipper Bodies

1

Australian Horticultural Exports Association Ltd. (AHEIA)

L2, B1, WC, South Gate East, Brisbane Markets Qld 4106


Schedule 3 ASSOCIATIONS which are DESIGNATED INWARDS                               PEAK SHIPPER BODIES

    (subsection 5(3))

 

 Designated Inwards Peak Shipper Bodies

 The following table specifies associations that are designated inwards peak shipper bodies:

 

Designated Inwards Peak Shipper Body

1

Australian Peak Shippers Association Inc. (APSA)

Suite 6.01, 365 Little Collins Street, Melbourne VIC 3000

 

 


Schedule 4 ASSOCIATIONS which are DESIGNATED INWARDS                               SECONDARY SHIPPER BODIES 

    (subsection 5(4))

 

 Designated Inwards Secondary Shipper Bodies 

 The following table specifies associations that are designated inwards secondary shipper bodies: 

 

Designated Inwards Secondary Shipper Bodies 

1

Australian Horticultural Exports Association Ltd. (AHEIA)

 L2, B1, WC, South Gate East, Brisbane Markets

2

Australian Federation of International Forwarders (AFIF)

 Suite 403, Level 3, The Office Tower, 152 Bunnerong Rd East Gardens NSW 2036

 

 

 

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Competition and Consumer (Designated Shipper Bodies) Declaration 2018

8 May 2018 (F2018L00593)

1 October 2018

 

Competition and Consumer (Designated Shipper Bodies) Amendment Declaration 2019

07 March 2019 (F2019L00265)

08 March 2019 (s2)

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 4

rs F2019L00265

Schedule 3 (note)

rep F2019L00265

Schedule 3

ad F2019L00265

 

 

Overview

The Competition and Consumer (Designated Shipper Bodies) Declaration 2018 is a legislative instrument made under section 10.03 of the Competition and Consumer Act 2010. This declaration identifies designated shipper bodies, which are associations that play a significant role in the supply of shipping services to and from Australia. The problem or gap it addresses is the need to regulate and monitor the market for shipping services to ensure that consumers and businesses are not disadvantaged by anti-competitive practices or other market failures. The enacting body is the Australian Parliament, and the policy objective is to promote competition and fair trading in the shipping industry, which is an important part of Australia's economy. This legislative instrument complements the broader competition and consumer protection framework provided by the Competition and Consumer Act 2010.

Scope and Application

The Competition and Consumer (Designated Shipper Bodies) Declaration 2018 is a legislative instrument made under section 10.03 of the Competition and Consumer Act 2010. This declaration specifies the entities that are designated as outwards peak shipper bodies, outwards secondary shipper bodies, inwards peak shipper bodies, and inwards secondary shipper bodies for the purposes of Part X of the Act. The declaration came into effect on 1 October 2018 and identifies specific associations, such as the Australian Peak Shippers Association Inc. and the Australian Horticultural Exports Association Ltd., which are designated as shipper bodies. These associations play a significant role in the shipping industry by representing the interests of shipper members, which can include businesses involved in the export or import of goods. The declaration also revokes all previous instruments made under the relevant subsections of the Act, thereby updating the list of designated shipper bodies. The geographic reach of this instrument is national, as it pertains to entities involved in shipping activities across Australia. There are no specific exclusions or thresholds stated in the declaration; however, its application is limited to the designated entities listed in the schedules. Subordinate instruments may extend or restrict the application of this declaration, but no such instruments are mentioned in the provided text.

Key Provisions

The Competition and Consumer (Designated Shipper Bodies) Declaration 2018 (the Declaration) is an instrument made under section 10.03 of the Competition and Consumer Act 2010 (the Act). It designates certain associations as designated shipper bodies for the purposes of Part X of the Act (sections 5(1)-(4)). The Declaration came into effect on 1 October 2018 and revoked all previous instruments made under subsections 10.03(1), 10.03(2), 10.03(2A) and 10.03(2B) of the Act. The Declaration designates specific associations as outwards peak shipper bodies, outwards secondary shipper bodies, inwards peak shipper bodies, and inwards secondary shipper bodies (Schedules 1-4). These designated shipper bodies are now subject to the provisions of Part X of the Act, which primarily deals with the regulation of the national logistics system, including the designation of peak shipper bodies and secondary shipper bodies, and the establishment of peak and secondary shipper agreements. The obligations and requirements imposed on these designated shipper bodies may include participation in the negotiation and signing of peak and secondary shipper agreements, adherence to the terms and conditions of these agreements, and compliance with any relevant provisions of Part X of the Act. Failure to comply with the obligations and requirements imposed by Part X of the Act and the Declaration may result in various civil and criminal consequences. For instance, section 10.02 of the Act provides for the imposition of civil penalties for breaches of certain provisions, including breaches related to the designation of shipper bodies and the negotiation and signing of peak and secondary shipper agreements. The maximum civil penalty for a corporation that breaches these provisions is $10 million, while the maximum penalty for an individual is $2 million. Additionally, section 10.04 of the Act provides for the imposition of criminal penalties for certain serious breaches, including breaches related to the designation of shipper bodies and the negotiation and signing of peak and secondary shipper agreements. The maximum penalty for a corporation that commits such an offence is $50 million, while the maximum penalty for an individual is $1 million and/or imprisonment for up to five years. In summary, the Competition and Consumer (Designated Shipper Bodies) Declaration 2018 designates certain associations as designated shipper bodies for the purposes of Part X of the Act, subjecting them to various obligations and requirements related to the negotiation and signing of peak and secondary shipper agreements. Failure to comply with these obligations and requirements may result in civil and criminal penalties, including fines and imprisonment.

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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.