Exemptions from sections 45AF, 45AG, 45AJ, 45AK and 45 for freight rate agreements
10.17A Exemptions from sections 45AF, 45AG, 45AJ, 45AK and 45 for freight rate agreements
Sections 45AF, 45AJ and 45 do not apply to the making of freight rate charges in a freight rate agreement if:
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
the parties to the freight rate agreement are the same as the parties to the registered outwards conference agreement.
Sections 45AF, 45AJ and 45 do not apply to the making of freight rate charges in a freight rate agreement if:
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:
the end of 30 days after the last‑mentioned agreement is finally registered;
the commencement of Part 2 of Schedule 1 to the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000; and
the parties to the freight rate agreement are the same as the parties to the registered inwards conference agreement.
Sections 45AG, 45AK and 45 do 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:
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
the parties to the freight rate agreement are the same as the parties to the registered outwards conference agreement.
Sections 45AG, 45AK and 45 do 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:
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:
the end of 30 days after the last‑mentioned agreement is finally registered;
the commencement of Part 2 of Schedule 1 to the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000; and
the parties to the freight rate agreement are the same as the parties to the registered inwards conference agreement.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.