Commonwealth Consolidated Regulations

COMPETITION AND CONSUMER REGULATIONS 2010 - REG 40

  (1)   An application under section   10.30 of the Act for the final registration of a conference agreement must:

  (a)   be in accordance with Form 2 in Schedule   3; and

  (b)   be accompanied by a copy of the agreement; and

  (c)   be accompanied by the prescribed fee.

  (2)   Where the agreement is partly or wholly oral, the application shall be accompanied by a written memorandum setting out all the provisions of the agreement that are oral.

  (3)   The following particulars are specified for the purposes of Form 2:

  (a)   the names of the parties to the agreement;

  (b)   a summary of the agreement, not longer than 100 words;

  (c)   the date of the agreement;

  (d)   the period of the agreement;

  (e)   the trade area covered by the agreement;

  (f)   the names of the designated shipper bodies with which the parties to the agreement are required to negotiate under section   10.29 of the Act;

  (g)   whether agreement was reached as a result of the negotiations under section   10.29 of the Act and details of minimum service levels to be provided under the agreement;

  (h)   if the agreement includes a provision of the kind described in paragraph   10.08(1)(a) or (b) of the Act that does not deal only with the matters specified in paragraph   10.08(1)(c) of the Act--the reasons why the provision is necessary for the effective operation of the agreement and is of overall benefit:

  (i)   for an outwards conference agreement, to Australian exporters; or

  (ii)   for an inwards conference agreement, to Australian importers;

  (i)   whether there have been:

  (i)   any variations to the agreement that have not been registered or are not being registered; or

  (ii)   any happening of affecting events (as described in section   10.40 of the Act) that have not been notified to the Registrar;

    and, if so, details of the variations or happenings;

  (j)   for an outwards conference agreement--a statement that the agreement provides for the application of Australian law, as specified in subsection   10.06(1) of the Act or, where this not the case, a copy of the Minister's agreement referred to in that subsection.