Part X of the Competition and Consumer Act 2010

Part X of the Trade Practices Act 1974, known as the Competition and Consumer Act 2010 from 1 January 2011, relates specifically to international liner cargo shipping. It deals with limited exemptions from certain provisions in Part IV of the CCA for international liner cargo shipping conferences.

A conference is an unincorporated association of two or more ocean carriers carrying on a business which includes the provision of liner cargo shipping services.

The exemptions only apply to conference agreements registered with the Registrar of Liner Shipping at the Department of Infrastructure and Transport.

The exemptions relate to conduct that may otherwise breach sections 45 and 47 of the CCA relating to anti-competitive agreements. This allows international liner cargo operators to agree on prices, capacity or schedules.

The ACCC’s role under the Part is to investigate complaints from parties adversely affected by shipping conference agreements and by the conduct of conference lines and non-conference lines having substantial market power. The ACCC can also initiate an investigation. The ACCC can recommend that the Minister deregister an agreement.

Past ACCC investigations under Part X in relation to international liner cargo shipping include:

• AELA Part X Investigation— In 2005, the ACCC investigated a compliant lodged by the Australian Peak Shippers Association (APSA) which alleged that the Australia to Europe Liner Association (AELA) had contravened s. 10.41 of Part X of the Act in negotiations on a proposed increase in outward terminal handling charges.
  
• AADA Part X investigation— in 2003, the ACCC initiated an investigation into the conduct of parties (cargo shipping lines) that were members of the Asia-Australia Discussion Agreement (AADA) registered under Part X.