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COMPETITION AND CONSUMER ACT 2010 - SECT 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 provides, or arranges for the provision of, stevedoring services to the ocean carrier in connection with cargo transported on international liner cargo shipping services provided by the ocean carrier.

"stevedoring operator" means a person who:

  (a)   provides, or proposes to provide; or

  (b)   arranges for the provision of, or proposes to arrange for the provision of;

stevedoring services in connection with cargo transported on international liner cargo shipping services.


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