Register of Liner Shipping

Part X of the Competition and Consumer Act 2010 (CCA) provides that the parties to a conference agreement in respect of outwards or inwards liner cargo shipping may apply to the Registrar of Liner Shipping for its registration upon which certain conditional exemptions from sections 45 and 47 are granted.

There are three stages to the process for registration of conference agreements contained in Part X Division 6 of the CCA. Regulations 38 and 40 of the Competition and Consumer Regulations 2010 are also relevant. The three stages are:

• Provisional Registration which is granted for the purpose of publishing details of a conference agreement in a public register and requiring parties to negotiate with and provide information to the designated shipper body.
• Negotiation with Designated Shipper Body—Part X obligates conferences to negotiate and provide information to a designated shipper body in relation to minimum levels of service.
• Final Registration after agreement between shippers and conferences has been reached on minimum levels of shipping service which grants parties to the conference agreement exemption from sections 45 and 47 of the CCA.

Registration and hence the exemptions it brings is conditional on the parties to the registered agreement complying with certain obligations to shippers regarding negotiations, provision of information and notice of changes in negotiable shipping arrangements (see section 10.41 of the CCA). This is to ensure negotiations between the shippers and conferences are conducted and resolved on a commercial basis with the minimum of government regulation of and intervention in commercial matters.

If you are considering registering a conference agreement it is suggested that in the first instance you contact the Registrar of Liner Shipping.

• Flow Chart attached [PDF: 71 KB] []

Forms

The forms below can also be used to register a conference agreement and related purposes:

Form 1—Application for provisional registration of a conference agreement. [DOC: 69 KB]
Form 2—Application for final registration of a conference agreement. [DOC: 67 KB]
Form 3—Abstract of confidential parts of agreement. [DOC: 64 KB]
Form 4—Notice of the happening of an affecting event. [DOC: 64 KB]
Form 5—Offer to give undertaking. [DOC: 64 KB]
Form 6—Application by ocean carrier for registration of agent. [DOC: 78 KB]
Form 7—Notice to change of agent change of address or change of particulars. [DOC: 81 KB]

Fees

The application costs are as follows:

• Provisional registration of a conference agreement (Form 1)—$360.00
• Final registration of a conference agreement (Form 2)—$210.00
  (Note a separate fee and form is required for inwards and outwards shipping)
• Registration of ocean carriers agent (Form 6)—$100.00
• Amendment of the agent (Form 7)—no charge
• Copy of a full register entry or its whole file—$60
• Copy of part of a register entry or part of its file—$30

• Guidelines under Section 10.03 for the exercise of the Registrar’s Power in Nominating Designated Secondary Shipper Bodies.

Contact
Ph: +612 6274 7192
Email: registrar.ls@infrastructure.gov.au