Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 113

Agreements to which Part applies.
113. (1) Subject to this section, an agreement is an agreement to which this
Part applies if the agreement, whether as originally made or by reason of a
subsequent variation, is one the parties to which are or include two or more
persons carrying on two or more businesses that include outwards cargo
shipping and is one that makes provision, in relation to outwards cargo
shipping, having the purpose or effect of restricting, preventing or
hindering-

   (a)  competition between any of the parties to the agreement; or

   (b)  competition between persons other than those parties and those parties
        or any of them, including provision for-

   (c)  the fixing or regulation of freight rates;

   (d)  the giving to shippers, or the withholding from shippers, of special
        rates or other special privileges or advantages;

   (e)  the pooling or apportioning of earnings, losses or traffic;

   (f)  the allocation of ports or the restriction or other regulation of the
        number and character of sailings between ports; or

   (g)  the restriction or other regulation of the volume or character of
        goods to be carried.

(2) An agreement is not an agreement to which this Part applies by reason only
of any provision as between shipowners of the one part and shippers of the
other part with respect to the terms and conditions that are to be applicable
to contracts for outwards cargo shipping. 


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