Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 10.58

Investigation and report by Commission on application by affected person

  (1)   A person affected by the conduct of a registered non - conference ocean carrier with substantial market power may apply to the Commission for an investigation into the question whether grounds exist for the Minister to be satisfied in relation to the ocean carrier of one or more specified matters referred to in paragraph   10.55(a).

  (2)   The Commission may hold an investigation into the question, and, if it decides to do so, it shall inform the Minister of its decision and report to the Minister.

  (3)   In its investigation, the Commission shall give special consideration to such matters (if any) as the Minister requests it to give special consideration.

  (4)   A request under subsection   (3) must be made in writing.

  (5)   Without limiting subsection   (1), each of the following persons shall be taken to be a person affected by the conduct of a registered non - conference ocean carrier with substantial market power:

  (a)   a designated shipper body;

  (b)   in the case of an investigation relating to outwards liner cargo shipping services--an Australian flag shipping operator;

  (c)   a shipper who uses, or may reasonably be expected to need to use, outwards liner cargo shipping services or inwards liner cargo shipping services provided, or proposed to be provided, on the trade route specified in relation to the ocean carrier in the register of non - conference ocean carriers with substantial market power;

  (d)   an association representing shippers who use, or may reasonably be expected to need to use, such services.


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