Section 10.62 — Competition and Consumer Act 2010 (Cth)

The Minister shall not make an order under subsection 10.61(1) unless:

(a) the Minister is satisfied:

(i) that the ocean carrier concerned has engaged in the pricing practice concerned in relation to outwards liner cargo shipping services or inwards liner cargo shipping services provided on a particular trade route;

(ii) that the practice has resulted in the freight rates charged by the ocean carrier for all or some outwards liner cargo shipping services or inwards liner cargo shipping services provided on the trade route being less than normal freight rates for services of that kind (as determined in accordance with section 10.66);

(iii) that the practice is of such a magnitude or such a recurring or systematic character that it has prevented or hindered, or threatens to prevent or hinder, the provision of outwards liner cargo shipping services or inwards liner cargo shipping services on the trade route that are:

(A) efficient and economical; and

(B) provided at the capacity and frequency reasonably required to meet the needs of shippers who use, and shippers who may reasonably be expected to need to use, the services; and

(iv) that the practice is contrary to the national interest (as determined in accordance with section 10.67);

(b) the Minister has carried on or attempted to carry on, either personally or through authorised officers, consultations with the ocean carrier directed at obtaining an undertaking or action by the ocean carrier that would have made an order under subsection 10.61(1) unnecessary; and

(c) the Commission has reported to the Minister under section 10.63 in relation to the ocean carrier in relation to outwards liner cargo shipping services or inwards liner cargo shipping services provided on the trade route and the Minister has taken the report into account.

Related sections

• s 10.59 — Undertakings by ocean carrier
• s 10.60 — Enforcement of orders and undertakings
• s 10.61 — Powers exercisable by Minister in relation to pricing practices etc.
• s 10.63 — Investigation and report by Commission
• s 10.64 — Undertakings not to engage in pricing practices
• s 10.65 — Enforcement of orders and undertakings

Research how courts apply s 10.62

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