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Title

TRADE PRACTICES AMENDMENT (INTERNATIONAL LINER CARGO SHIPPING) BILL 2000

Report from Main Committee

Database

House Hansard

Date

30-08-2000

Source

House of Reps

Parl No.

39

Electorate

 

Interjector

 

Main Committee/Federation Chamber

 

Page

19695

Party

 

Presenter

 

Status

Final

Question No.

 

Questioner

 

Responder

 

Speaker

 

Stage

Report from Main Committee

Type

 

Context

Bills

System Id

chamber/hansardr/2000-08-30/0094


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Wednesday, 30 August 2000
Page: 19695

Bill returned from Main Committee with amendments; certified copy presented.

Ordered that the bill be taken into consideration forthwith.

Main Committee's amendments—

(1) Schedule 1, page 7 (after line 5), after item 21, insert:

21A Subsection 10.02(1)

Insert:

freight rate agreement means a conference agreement that consists of or includes freight rate charges.

(2) Schedule 1, page 17 (after line 23), after item 67, insert:

67A Section 10.15

After “this Subdivision”, insert “(other than sections 10.17A and 10.18A)”.

(3) Schedule 1, page 17 (line 28), after “this Subdivision”, insert “(other than sections 10.17A and 10.18A)”.

(4) Schedule 1, page 18 (after line 12), after item 70, insert:

70A Section 10.16

After “by a varying conference agreement”, insert “(other than an agreement that consists solely of freight rate charges)”.

70B Section 10.16

After “this Subdivision”, insert “(other than sections 10.17A and 10.18A)”.

(5) Schedule 1, page 18 (after line 14), after item 71, insert:

71A Section 10.17A

Repeal the section, substitute:

10.17A Exemptions from section 45 for freight rate agreements

(1) Section 45 does not apply to the making of freight rate charges in a freight rate agreement if:

(a) the freight rates (including base freight rates, surcharges, rebates and allowances) specified in the freight rate agreement are for outwards liner cargo shipping services provided under a single registered outwards conference agreement after the end of 30 days after the last-mentioned agreement is finally registered; and

(b) the parties to the freight rate agreement are the same as the parties to the registered outwards conference agreement.

(2) Section 45 does not apply to the making of freight rate charges in a freight rate agreement if:

(a) the freight rates (including base freight rates, surcharges, rebates and allowances) specified in the freight rate agreement are for inwards liner cargo shipping services provided under a single registered inwards conference agreement after whichever is the later of the following times:

(i) the end of 30 days after the last-mentioned agreement is finally registered;

(ii) the commencement of Part 2 of Schedule 1 to the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000; and

(b) the parties to the freight rate agreement are the same as the parties to the registered inwards conference agreement.

(3) Section 45 does not apply to conduct engaged in by a party to a freight rate agreement, so far as the conduct gives effect to freight rate charges in the freight rate agreement, if:

(a) the freight rates (including base freight rates, surcharges, rebates and allowances) specified in the freight rate agreement are for outwards liner cargo shipping services provided under a single registered outwards conference agreement after the end of 30 days after the last-mentioned agreement is finally registered; and

(b) the parties to the freight rate agreement are the same as the parties to the registered outwards conference agreement.

(4) Section 45 does not apply to conduct engaged in by a party to a freight rate agreement, so far as the conduct gives effect to freight rate charges in the freight rate agreement, if:

(a) the freight rates (including base freight rates, surcharges, rebates and allowances) specified in the freight rate agreement are for inwards liner cargo shipping services provided under a single registered inwards conference agreement after whichever is the later of the following times:

(i) the end of 30 days after the last-mentioned agreement is finally registered;

(ii) the commencement of Part 2 of Schedule 1 to the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000; and

(b) the parties to the freight rate agreement are the same as the parties to the registered inwards conference agreement.

(6) Schedule 1, page 18 (after line 16), after item 72, insert:

72A Section 10.18A

Repeal the section, substitute:

10.18A Exemptions from section 47 for freight rate agreements

(1) Section 47 does not apply to conduct engaged in by a party to a freight rate agreement, so far as the conduct gives effect to freight rate charges in the freight rate agreement, if:

(a) the freight rates (including base freight rates, surcharges, rebates and allowances) specified in the freight rate agreement are for outwards liner cargo shipping services provided under a single registered outwards conference agreement after the end of 30 days after the last-mentioned agreement is finally registered; and

(b) the parties to the freight rate agreement are the same as the parties to the registered outwards conference agreement.

(2) Section 47 does not apply to conduct engaged in by a party to a freight rate agreement, so far as the conduct gives effect to freight rate charges in the freight rate agreement, if:

(a) the freight rates (including base freight rates, surcharges, rebates and allowances) specified in the freight rate agreement are for inwards liner cargo shipping services provided under a single registered inwards conference agreement after whichever is the later of the following times:

(i) the end of 30 days after the last-mentioned agreement is finally registered;

(ii) the commencement of Part 2 of Schedule 1 to the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000; and

(b) the parties to the freight rate agreement are the same as the parties to the registered inwards conference agreement.

(3) The exemptions provided by subsections (1) and (2) do not apply in relation to subsections 47(6) and (7).

Amendments agreed to.

Bill, as amended, agreed to.