Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 10.40

  (1)   If:

  (a)   application has been made for the provisional or final registration of a conference agreement, but the agreement has not been finally registered; and

  (b)   either of the following subparagraphs applies:

  (i)   the proposed operation of the conference agreement is affected, or outwards liner cargo shipping services or inwards liner cargo shipping services proposed to be provided under the agreement are affected, by the happening of an event or otherwise than by a varying conference agreement;

  (ii)   parties to the conference agreement have made or arrived at an agreement with other ocean carriers that affects outwards liner cargo shipping services or inwards liner cargo shipping services provided, or that would, but for the agreement, have been provided, by the other ocean carriers;

the Registrar shall not provisionally or finally register the original agreement unless the parties to the agreement have notified the Registrar of the matter.

  (2)   The notice must be:

  (a)   in the appropriate prescribed form; and

  (b)   given to the Registrar in accordance with the regulations.

  (3)   The notice must comply with any regulations requiring its verification (in whole or part).

  (4)   Where the parties to a conference agreement give a notice under subsection   (1), the Registrar may make such variations (if any) to the particulars entered in the register of conference agreements in relation to the agreement as the Registrar considers necessary or desirable to take account of the notice.