Competition and Consumer Regulations 2010

An application under section 10.30 of the Act for the final registration of a conference agreement must:

be in accordance with Form 2 in Schedule 3; and

be accompanied by a copy of the agreement; and

be accompanied by the prescribed fee.

Where the agreement is partly or wholly oral, the application shall be accompanied by a written memorandum setting out all the provisions of the agreement that are oral.

The following particulars are specified for the purposes of Form 2:

the names of the parties to the agreement;

a summary of the agreement, not longer than 100 words;

the date of the agreement;

the period of the agreement;

the trade area covered by the agreement;

the names of the designated shipper bodies with which the parties to the agreement are required to negotiate under section 10.29 of the Act;

whether agreement was reached as a result of the negotiations under section 10.29 of the Act and details of minimum service levels to be provided under the agreement;

if the agreement includes a provision of the kind described in paragraph 10.08(1)(a) or (b) of the Act that does not deal only with the matters specified in paragraph 10.08(1)(c) of the Act—the reasons why the provision is necessary for the effective operation of the agreement and is of overall benefit:

for an outwards conference agreement, to Australian exporters; or

for an inwards conference agreement, to Australian importers;

whether there have been:

any variations to the agreement that have not been registered or are not being registered; or

any happening of affecting events (as described in section 10.40 of the Act) that have not been notified to the Registrar;

for an outwards conference agreement—a statement that the agreement provides for the application of Australian law, as specified in subsection 10.06(1) of the Act or, where this not the case, a copy of the Minister’s agreement referred to in that subsection.