Section 10.66 — Competition and Consumer Act 2010 (Cth)

(1) The normal freight rates for outwards liner cargo shipping services or inwards liner cargo shipping services provided on a trade route are, subject to subsection (2), the freight rates actually charged in the ordinary course of shipping business for the same or similar services on the same or a comparable trade route by ocean carriers who do not enjoy non‑commercial advantages given by a government (including a government of a foreign country).

(2) If such actual freight rates do not exist or it is not possible to ascertain satisfactorily what they are, the normal freight rates for the services may be determined by:

(a) comparing the costs of the ocean carrier concerned and comparable ocean carriers who do not enjoy non‑commercial advantages given by a government (including a government of a foreign country); and

(b) allowing reasonable margins of profit.

(3) The comparison shall:

(a) take into account all costs incurred in the ordinary course of shipping business, whether the costs are fixed or variable; and

(b) allow for reasonable overhead expenses.

Related sections

• 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
• s 10.67 — Determination of whether practice contrary to national interest
• s 10.68 — Ocean carrier who provides international liner cargo shipping services to have registered agent
• s 10.69 — Representation of ocean carrier by registered agent

Research how courts apply s 10.66

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