Section 10.44 — Competition and Consumer Act 2010 (Cth)

(1) Subject to sections 10.45 and 10.46, the Minister may direct the Registrar:

(a) to cancel the registration of a registered conference agreement; or

(b) to cancel the registration of a registered conference agreement so far as it relates to:

(i) a particular provision of the agreement;

(ii) a particular party to the agreement; or

(iii) particular conduct.

(2) Where the Minister gives a direction under subsection (1), the Registrar shall immediately enter particulars of the direction in the register of conference agreements.

(3) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to the agreement.

(4) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement so far as it relates to a particular provision of the agreement, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to the provision.

(5) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement so far as it relates to a particular party to the agreement, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to the party.

(6) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement so far as it relates to particular conduct, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to conduct of that kind in relation to the agreement.

(7) A direction under subsection (1) must be given in writing, and the Registrar shall serve a copy of the direction on the parties to the conference agreement concerned.

(8) If:

(a) the Commission reports to the Minister under section 10.47 or 10.48 in relation to either or both of the matters referred to in subparagraphs 10.45(1)(a)(viii) and (ix); and

(b) after taking the report into account, the Minister is satisfied of either or both of those matters and decides to give a direction under subsection (1);

the Minister must:

(c) prepare a statement about the decision; and

(d) cause:

(i) a copy of the statement; and

(ii) a copy of the Commission’s report;

to be laid before each House of the Parliament within 15 sittings days of that House after the decision was made.

Related sections

• s 10.41 — Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.
• s 10.42 — Application to be made for registration of varying conference agreements
• s 10.43 — Parties to registered conference agreement to notify happening of affecting events etc.
• s 10.45 — Circumstances in which Minister may exercise powers in relation to registered conference agreements
• s 10.46 — Action to be taken where powers exercised by Minister without first obtaining Commission report
• s 10.47 — Investigation and report by Commission on reference by Minister

Research how courts apply s 10.44

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