Commonwealth Consolidated Regulations

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COMPETITION AND CONSUMER REGULATIONS 2010 - REG 40

Application for final registration of a conference agreement

             (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.



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