Restrictive Trade Practices Act 1972

Overview

The Restrictive Trade Practices Act 1972 was enacted to address specific issues related to overseas cargo shipping, supplementing the Restrictive Trade Practices Act 1971. This Act was passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and received Royal Assent on 31 October 1972. It primarily focuses on enhancing the administrative and procedural aspects of the restrictive trade practices in the context of shipping agreements, including the appointment of a Clerk of Shipping Agreements and modifications to the authority of designated officers in negotiations. The policy objective appears to be to ensure smoother operations and better compliance within the shipping industry by providing clearer guidelines and more flexible arrangements for those involved in overseas cargo shipping.

Scope and Application

The Restrictive Trade Practices Act 1972 amends the Restrictive Trade Practices Act 1971 to specifically address overseas cargo shipping. This Act applies to any person or entity involved in overseas cargo shipping within the Commonwealth of Australia. It includes amendments to the roles and responsibilities of the Clerk of Shipping Agreements and allows for the appointment of an acting Clerk in instances of absence or vacancy. Furthermore, the Act extends the authority of designated officers to request undertakings from shipowners and designated shipper bodies, with provisions for the appointment of deputies to facilitate these interactions. The Act does not explicitly state exclusions, exemptions, or thresholds but operates within the existing framework of the Restrictive Trade Practices Act 1971. The application of this Act is not further extended or restricted by subordinate instruments.

Key Provisions

The Restrictive Trade Practices Act 1972 (sections 1 to 6) amends the Restrictive Trade Practices Act 1971 (referred to as the Principal Act) to specifically address overseas cargo shipping practices. Section 3 redefines the term "Clerk" to include a person appointed to act as the Clerk of Shipping Agreements. Section 4 allows the Governor-General to appoint an acting Clerk of Shipping Agreements in the event of the actual Clerk's absence or a vacancy in the office. Sections 5 and 6 amend sections 116 and 122 of the Principal Act by replacing the term "relevant" with "designated" and modifying the procedures for requesting undertakings from parties to conference agreements and shipowners. These sections also establish provisions for the designated officer to appoint deputies to assist with negotiations and to ensure that parties provide necessary information and allow deputies to participate in meetings. The Act imposes several obligations on the parties it governs. Section 4 mandates that the Governor-General can appoint an acting Clerk of Shipping Agreements if necessary, ensuring continuity in the management of shipping agreements. Sections 5 and 6 require parties to conference agreements and shipowners to provide information to deputies appointed by the designated officer and to allow these deputies to participate in negotiations. This includes furnishing necessary information and permitting deputies to attend and contribute to meetings in the absence of the designated officer. Additionally, these sections require parties to give undertakings that include commitments to cooperate with the designated officer's deputies. Under the amended Act, breaches of the obligations and requirements can result in significant consequences. Section 127 of the Principal Act, although not explicitly mentioned in the amendments, suggests that penalties for non-compliance could include fines or other sanctions. The maximum penalties for contravening the restrictive trade practices provisions in the Principal Act can be substantial, with fines up to $10,000 for individuals and $50,000 for corporations, as well as potential imprisonment terms for serious offences. The precise penalties would depend on the nature and severity of the breach, but the Act clearly intends to enforce compliance through these deterrent measures.