Under Section 10.68 of the Competition and Consumer Act 2010 (the ACT), an ocean carrier is required to be represented at all times by an agent appointed for the purposes to this Act and specified in the register of ocean carrier agents. Please note that penalties may apply for an ocean carrier who, without reasonable excuse, contravenes subsection 10.68(1) of the Act.
Registration of ocean carrier agent
An ocean carrier is a person who provides or proposes to provide international liner cargo shipping services to Australia.
Under Section 10.68 to 10.71 of the Act, every ocean carrier who provides international liner cargo shipping services to Australia (whether or not the carrier is a member of any conference agreements) must apply to the Registrar of Liner Shipping for the registration of an individual (resident in Australia) as the person appointed by the ocean carrier as its agent for the purposes of Part X.
Form 6 should be used to apply for registration of a person as the agent for the purposes of this Act. The person must:
- be an individual resident in Australia
- have been appointed by the ocean carrier as the ocean carrier's registered agent for the purposes of the Act, and
- have an address for service in Australia.
Variation of ocean carrier agent
Under Section 10.72 of the Act, the ocean carrier must also notify the Registrar of Liner Shipping of any changes to its Part X agent representation. Form 7 is required to be used to:
- revoke the appointment of the ocean carrier's registered agent and appoint a new agent for the purposes of the Act
- change the address for service of the ocean carrier's registered agent to another address in Australia, or
- request the Registrar of Liner Shipping vary any of the particulars entered in the register of ocean carrier agents in relation of the ocean carrier.