Commonwealth Consolidated Acts

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Circumstances in which Minister may exercise powers

                   The Minister shall not make an order under subsection 10.54(1) unless:

                     (a)  the Minister is satisfied of either or both of the following matters:

                              (i)  that section 10.52 (non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.) applies to the ocean carrier concerned, and that the ocean carrier has contravened, or proposes to contravene, that section;

                             (ii)  that the ocean carrier concerned has contravened, or proposes to contravene, section 10.53 (non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.);

                     (b)  the Minister has carried on or attempted to carry on, either personally or through authorised officers, consultations with the ocean carrier directed at obtaining an undertaking or action by the ocean carrier that would have made an order under subsection 10.54(1) unnecessary; and

                     (c)  either of the following subparagraphs applies:

                              (i)  the Commission has reported to the Minister under section 10.57 or 10.58 in relation to matters referred to in paragraph (a) of which the Minister is satisfied and the Minister has taken the report into account;

                             (ii)  the Minister is satisfied that the special circumstances of the case make it desirable to make the order before he or she receives such a report from the Commission.

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