Section 10.53 — Competition and Consumer Act 2010 (Cth)

(1) A registered non‑conference ocean carrier with substantial market power shall not prevent or hinder an Australian flag shipping operator from engaging efficiently in the provision of outwards liner cargo shipping services to an extent that is reasonable.

(2) For the purposes of subsection (1), in determining what is reasonable, have regard to:

(a) the national interest; and

(b) the interests of the following:

(i) Australian shippers generally;

(ii) Australian shippers in a particular trade;

(iii) Australian shippers of particular kinds of goods;

(iv) shippers in a particular part of Australia; and

(c) any other relevant matters.

Related sections

• s 10.50 — Investigations by Commission into market power of ocean carriers
• s 10.51 — Determination by Minister of market power of ocean carriers
• s 10.52 — Non‑conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.
• s 10.54 — Powers exercisable by Minister in relation to obligations of non‑conference ocean carriers with substantial market power
• s 10.55 — Circumstances in which Minister may exercise powers
• s 10.56 — Action to be taken where powers exercised by Minister without first obtaining Commission report

Research how courts apply s 10.53

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.