Commonwealth legislation

Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 4)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This declaration gives the Australian Horticultural Exporters Association Inc official legal status to represent Australia's horticultural exporters in negotiations about international shipping services.

Background: Under Part X of the Trade Practices Act 1974 (now the Competition and Consumer Act 2010), international shipping companies can form "conferences"—groups that coordinate freight prices and sailing schedules. To protect Australian exporters from unfair practices, the law allows industry associations to become "designated outwards secondary shipper bodies."

What this means:

The Association can negotiate shipping rates and service terms on behalf of farmers and exporters of fruit, vegetables, flowers, and nursery products
It has formal legal standing to represent these exporters in disputes with international shipping lines
It can enter into binding agreements about overseas cargo shipping on behalf of its members

The instrument replaces all previous declarations about this association, ensuring only the current version applies.

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Current sections

Direct links to the current provisions in Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 4).

Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 4)

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DECLARATION OF DESIGNATED OUTWARDS SECONDARY SHIPPER BODY
2007 (No. 4)

I, DE-ANNE MARGARET KELLY, Parliamentary Secretary to the Deputy Prime Minister and Minister for Transport and Regional Services, make the declaration shown in this Instrument under subsection 10.03(2) of the Trade Practices Act 1974.

Dated 18 September 2007

DE-ANNE MARGARET KELLY

Parliamentary Secretary to the Deputy Prime Minister and Minister for Transport and Regional Services

1 Name of Instrument

This Instrument is the Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 4).

2 Commencement

This Instrument commences when it is signed.

3 Declaration

I, De-Anne Margaret Kelly, Parliamentary Secretary to the Deputy Prime Minister and Minister for Transport and Regional Services:

(a) acting under subsection 10.03(2) of the Trade Practices Act 1974; and

(b) being of the opinion that:

  the Australian Horticultural Exporters Association Inc represents the interests, in relation to outwards liner cargo shipping services, of shippers and producers of horticultural products from Australia; and
  that it is desirable that the Australian Horticultural Exporters Association Inc be a designated outwards secondary shipper body for the purposes of Part X of the Trade Practices Act 1974

declare that the Australian Horticultural Exporters Association Inc is a designated outwards secondary shipper body for the purposes of Part X of the Trade Practices Act 1974.

4 Revocation

All previous Instruments of Declaration made under subsection 10.03(2) of the Trade Practices Act 1974 in relation to the Australian Horticultural Exporters Association Inc are revoked.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 4)