Negotiation with designated shipper body

After provisional registration, the parties to a provisionally registered agreement must negotiate minimum levels of shipping services with a designated shipper body (section 10.29 of the Competition and Consumer Act 2010 (the Act)) if requested. This is to ensure that negotiations between the shipper bodies and parties to an agreement are conducted and resolved on a commercial basis with the minimum of government regulation of, and intervention in, commercial matters.

The designated peak shipper body for outward and inward services is the Australian Peak Shippers Association (APSA).

APSA is notified of the provisional registration of an agreement and is provided with the name and address of the applicant/s. Parties to a provisional agreement must provide APSA with a copy of the agreement as soon as practicable after an application is made (section 10.27A of the Act)

Parties to a provisional agreement are obligated by Part X of the Act to make available to the shipper body any information reasonably necessary for the purposes of negotiations and the shipper body is also obligated to provide similar information.

The parties to an agreement shall also provide an authorised officer (an officer of the Department administering Part X) with any information required relating to the negotiations, inform the officer of negotiations, permit the officer to be present at meetings and shall consider any suggestions made by the officer.