Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 129

129. (1) Subject to this section, the Governor-General may, by order, declare
a shipowner to be, in relation to outwards cargo shipping to a port or
the ports specified in the order (in this section referred to as the "relevant
shipping"), a shipowner to whom section 130 applies.

(2) The Governor-General shall not make such an order except on a ground
specified in the order, being one of the following grounds:-

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

   (b)  that the shipowner has failed to comply with a request for the giving
        of an undertaking made by the Minister under section 128 in relation
        to the relevant shipping;

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

        (i)    the shipowner has failed to comply with an undertaking given
               under section 128 in relation to the relevant shipping;

        (ii)   the conduct of, or provision of facilities by, the shipowner in
               relation to the relevant shipping does not have due regard to
               the need for services by way of overseas cargo shipping to be
               efficient, economical and adequate;

        (iii)  the conduct of the shipowner in relation to overseas cargo
               shipping between Australia and a port or the ports to be
               specified in the order 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; or

        (iv)   a conference agreement to which the shipowner was a party,
               being an agreement that related in whole or in part to the
               relevant shipping, has been disapproved under this Part and the
               disapproval has not been revoked.

(3) For the purposes of sub-paragraph (2) (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.

(4) Where, in his discretion, he considers it desirable to do so, the
Governor-General may, by order, revoke an order under sub-section (1).

(5) An order under this section-

   (a)  shall be published in the Gazette; and

   (b)  takes effect on the date of publication or on such later date as is
        fixed by the order.