Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 128

128. (1) Subject to sub-section (2), the Minister may serve on a shipowner a
notice requesting the shipowner to give to the Minister, not later than a date
specified in the notice, an undertaking in writing executed by the shipowner
that, whenever the shipowner 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 notice relates-

   (a)  the shipowner 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 shipowner 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 shipowner 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 shipowner requests to be
        made available, the shipowner will make available the information
        requested by the shipper body.

(2) A notice under sub-section (1) requesting an undertaking shall be
expressed to relate to outwards cargo shipping by the shipowner to a specified
port or to specified ports, not being outwards cargo shipping that is within
the operation of a conference agreement, not being a disapproved agreement,
particulars of which have been furnished under Division 2.

(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 shipowner.

(4) A shipowner 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
shipowner shall be deemed to include an undertaking that the shipowner 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 (1) (b);



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