Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 123

Disapproval of agreements.
123. (1) The Governor-General may, by order, disapprove a conference
agreement, whether or not particulars of the agreement have been furnished to
the Clerk, on a ground specified in the order, being one of the following
grounds:-

   (a)  that a party to the agreement has, without reasonable excuse, failed
        to comply with section 114;

   (b)  that there has been a failure to comply with a request for the giving
        of an undertaking made by the Minister under section 122 in relation
        to the agreement;

   (c)  that the Governor-General is satisfied, after consideration of a
        report to the Minister by the Tribunal, that-

        (i)    there has been a failure to comply with an undertaking given
               under section 122 in relation to the agreement;

        (ii)   the agreement, or the manner in which it is being interpreted
               or applied by the parties, or the conduct of, or the provision
               of facilities by, the parties in relation to outwards cargo
               shipping to which the agreement relates does not have due
               regard to the need for services by way of overseas cargo
               shipping to be efficient, economical and adequate; or

        (iii)  the agreement, or the manner in which it is being interpreted
               or applied by the parties, or the conduct of the parties in
               relation to matters to which the agreement relates, is
               preventing a person from, or hindering a person in, engaging
               efficiently, to an extent that is reasonable, in overseas cargo
               shipping in relation to which he is an Australian flag shipping
               operator.

(2) For the purposes of sub-paragraph (1) (c) (ii), consideration shall be
given to the need to ensure the continuing provision of services by way of
overseas cargo shipping and, in that connexion, the conditions under which, on
a long term view, shipowners may reasonably be expected to provide such
services. 


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