Section 10.67 — Competition and Consumer Act 2010 (Cth)

(1) In determining whether a pricing practice in relation to outwards liner cargo shipping services is contrary to the national interest, regard shall be had, in particular, to:

(a) the effect that the practice has had, or is likely to have, in relation to:

(i) continued access by Australian exporters to outwards liner cargo shipping services of adequate frequency and reliability at freight rates that are internationally competitive; and

(ii) stable access to export markets for exporters in all States and Territories;

(b) the extent to which any advantages provided by the practice or similar practices are enjoyed by competitors of Australian exporters; and

(c) the effect that denial of any advantages provided by the practice would have on the competitiveness of Australian industries.

(2) Subsection (3) applies when determining whether a pricing practice in relation to inwards liner cargo shipping services is contrary to the national interest.

(3) Regard must be had, in particular, to the effect that the practice has had, or is likely to have, in relation to continuous stable access by Australian importers in all States and Territories to inwards liner cargo shipping services that:

(a) are of adequate frequency and reliability; and

(b) are at freight rates that are internationally competitive.

Related sections

• s 10.64 — Undertakings not to engage in pricing practices
• s 10.65 — Enforcement of orders and undertakings
• s 10.66 — Determination of normal freight rates for shipping services
• 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
• s 10.70 — Application by ocean carrier for registration of agent

Research how courts apply s 10.67

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