Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 10.33

  (1)   If the Registrar is satisfied:

  (a)   that an application has properly been made for the final registration of a conference agreement; and

  (b)   any of the following subparagraphs applies:

  (i)   that the agreement complies with section   10.07 (minimum levels of shipping services to be specified in conference agreements) or, if the agreement varies or otherwise affects another conference agreement, that the other conference agreement as varied or affected complies with section   10.07;

  (ii)   that section   10.07 does not apply in relation to the agreement because of an exemption order;

  (iii)   that the agreement is an inwards conference agreement that was in force at the commencement of this subparagraph; and

  (ba)   any of the following subparagraphs applies:

  (i)   that the agreement complies with section   10.08 (conference agreements may include only certain restrictive trade practice provisions) or, if the agreement varies or otherwise affects another conference agreement, that the other conference agreement as varied or affected complies with section   10.08;

  (ii)   that section   10.08 does not apply in relation to the agreement because of an exemption order;

  (iii)   that the agreement is an inwards conference agreement that was in force at the commencement of this subparagraph; and

  (c)   in the case of an outwards conference agreement--that subsection   10.29(1) (parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement) has been complied with, or does not apply, in relation to the agreement; and

  (ca)   in the case of an inwards conference agreement--that subsection   10.29(1A) (parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement) has been complied with, or does not apply, in relation to the agreement; and

  (d)   that final registration of the agreement is not prevented by one or more of the following provisions:

  (i)   section   10.38 (application for registration to be returned where request for confidentiality refused etc.);

  (ii)   section   10.39 (application also to be made for registration of varying conference agreements);

  (iii)   subsection   10.40(1) (notification of happening of affecting events prior to final registration etc.);

the Registrar shall, within 14 days after the making of the application, finally register the agreement by entering in the register of conference agreements a notation to the effect that the agreement has been finally registered.

  (2)   If the Registrar is not so satisfied, the Registrar shall, within that 14   day period, refuse to finally register the agreement.

  (3)   When the Registrar finally registers the agreement or refuses to finally register the agreement, the Registrar shall immediately notify the applicants.

  (4)   If the Registrar finally registers the agreement, the Registrar must give the Commission a copy of:

  (a)   the complete copy of the agreement referred to in paragraph   10.32(1)(a); and

  (b)   the written memorandum referred to in paragraph   10.32(1)(b).