Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 130

130. A declared shipowner shall not, in respect of outwards cargo shipping to
a port specified in the order by virtue of which he is a declared shipowner-

   (a)  enter into a contract, or follow a practice, under which a shipper-

        (i)    is subject to restrictions with respect to, or is subject to
               any detriment by reason of or in the event of, his giving
               patronage to another shipowner; or

        (ii)   obtains or may obtain advantageous freight rates on condition
               that, or by reason that, he gives all or a part of his
               patronage to the shipowner, or to two or more particular
               shipowners;

   (b)  pay or allow, or make an agreement to pay or allow, to a shipper a
        deferred rebate, that is to say, a rebate of portion of any freight
        money upon fulfilment by the shipper of a condition with respect to
        confining patronage to the shipowner or to two or more particular
        shipowners;

   (c)  with the object of substantially damaging the business of another
        shipowner or preventing another shipowner from entering into
        competition with him, engage in freight-cutting, or use a vessel,
        whether alone or in conjunction with any other shipowner, to forestall
        the first-mentioned shipowner in the obtaining of cargoes; or

   (d)  retaliate, or threaten to retaliate, against a shipper for giving
        patronage to another shipowner-

        (i)    by refusing, or threatening to refuse, to carry goods of the
               shipper or to carry goods of the shipper otherwise than on
               terms disadvantageous to the shipper; or

        (ii)   by resorting to other discriminatory measures.

Penalty: $50,000.