Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 111

111. (1) In this Part, unless the contrary intention appears-



"Australian flag shipping operator" means-

   (a)  for the purposes of the making of an order under section 123-a person
        who carries on, or proposes to carry on, operations by way of overseas
        cargo shipping between ports between which any of the outwards cargo
        shipping to which the relevant conference agreement relates is carried
        on; or

   (b)  for the purposes of the making of an order under section 129-a person
        who carries on, or proposes to carry on, operations by way of overseas
        cargo shipping between Australia and the port or ports to be specified
        in the order,

being a person who normally uses, or proposes normally to use, for the
purposes of those operations, a ship or ships registered in Australia and no
other ship, and being an Australian citizen or a body corporate incorporated
by or under a law of Australia or of a State or Territory;



"Clerk" means the Clerk of Shipping Agreements appointed under this Part and
includes a person appointed to act as Clerk of Shipping Agreements;



"conference agreement" means an agreement to which this Part applies;



"declared shipowner" means a shipowner in respect of whom an order under
section 129 is in force;



"disapproved agreement" means a conference agreement in respect of which an
order of disapproval under this Part is in force;



"outwards cargo shipping" means overseas cargo shipping commencing at a place
in Australia;



"overseas cargo shipping" means the carriage of goods wholly or partly by sea
from a place in Australia to a place outside Australia or from a place outside
Australia to a place in Australia;



"shipowner" means a person who carries on the business of outwards cargo
shipping, whether alone or in partnership with another person or other
persons, and includes such a person irrespective of nationality or place of
incorporation, residence or business;



"shipper body" means an association that, in the opinion of the Minister,
represents the interests, in relation to outwards cargo shipping, of persons
who are shippers of goods, or producers of goods of a kind exported from
Australia.

(2) For the purposes of this Part-

   (a)  an arrangement or understanding, whether formal or informal and
        whether express or implied, shall be deemed to be an agreement;

   (b)  a reference to an agreement shall be read as including a reference to
        an agreement made outside Australia and to an agreement made before
        the commencement of this Part; and

   (c)  a reference to an agreement shall be read as including a reference to
        an agreement that is not enforceable by legal proceedings whether or
        not it was intended to be so enforceable.