Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 122

122. (1) The Minister may serve on each of the parties to a conference
agreement who carry on outwards cargo shipping to which the agreement relates
a notice in accordance with this section.

(2) A notice to a party under sub-section (1) shall request the party to give
to the Minister, not later than a date specified in the notice, an undertaking
in writing executed by the party that, whenever the party is reasonably
requested by the designated shipper body, by notice in writing, to take part
in negotiations with that shipper body with regard to arrangements for, and
the terms and conditions that are to be applicable to, outwards cargo shipping
to which the conference agreement relates-

   (a)  the party will take part in those negotiations and will have due
        regard to matters and considerations raised, and representations made,
        by the designated shipper body in the course of the negotiations;

   (b)  the party will cause an officer designated from time to time by the
        Minister to be furnished with such information as the officer requires
        concerning the progress of the negotiations, will permit that officer
        to be present at any meetings in the course of the negotiations and
        will give consideration to any suggestions that he may make; and

   (c)  if the designated shipper body requests the party to make available
        for the purposes of the negotiations any information that is
        reasonably necessary for those purposes and itself makes available for
        those purposes any such information that the parties or any of them
        request to be made available, the party will make available the
        information requested by the shipper body.

(3) An undertaking for the purposes of this section shall be deemed to be duly
given notwithstanding that it contains qualifications or exceptions if they
were permitted by the notice requesting the undertaking or have been accepted
by the Minister by notice in writing to the party.

(4) A person on whom a notice has been served under sub-section (1) may,
before the date specified in the notice, apply in writing to the Minister for
an extension of the time for compliance with the notice and, where such an
application is made, the time within which the notice is to be complied with
shall be taken not to expire-

   (a)  whether or not the application is granted-before the expiration of 14
        days after the date on which the Minister informs the applicant in
        writing of his decision on the application; or

   (b)  if the application is granted-before the expiration of the period of
        the extension granted by the Minister.

(5) The designated officer may appoint an officer or officers to be his deputy
or deputies and any undertaking given for the purposes of this section by a
party to a conference agreement shall be deemed to include an undertaking that
the party will-

   (a)  cause a deputy so appointed to be furnished with such information as
        the deputy requires concerning the progress of the negotiations with
        the designated shipper body; and

   (b)  in the event of the absence of the designated officer from a meeting
        in the course of the negotiations, permit the deputy, or, if there is
        more than one deputy, one of the deputies, to be present at that
        meeting and give consideration to any suggestions that he may make.

(6) In this section-



"designated officer" means the officer designated by the Minister under
paragraph (2) (b);



"designated shipper body" means the shipper body designated by the Minister in
the notice requesting the undertaking.