AFIF Model Standard Trading Conditions
Important Competition and Consumer Law conditions for use of AFIF Model Standard Trading Conditions
As you may be aware, AFIF has made available a 'Model' form of Standard Trading Conditions (STC) to its members since June 2000. The AFIF Model STC document has been revised in 2008, 2011, 2013 and due to a significant change in a number of relevant legislation, a major re-write has been undertaken in 2016. Such Conditions and the annexure 'User Guide' document have been and continue to be available to members upon application to the Federation. It is important that members understand the nature of these conditions and the basis upon which they are provided.
The Model Standard Trading Conditions provide a set of trading terms developed by AFIF in consultation with its lawyers. This document provides suggestions as to conditions freight forwarders may adopt in dealing with clients. Members may choose to adopt some or all of these terms as part of their own trading terms if they wish. You are by no means, however, compelled or expected to apply any of the Model Standard Trading Conditions.
Under the Competition and Consumer Act:
- Members must not make any arrangement or agreement among themselves about whether or not to adopt any of the Model Standard Trading Conditions (or, indeed, whether or not they will adopt any other trading terms or conditions)
- Every AFIF Member must make its own decision about the trading terms and conditions it will use.
The Competition and Consumer Act provides for penalties of up to $10m per offence for breaches of these rules.
If you have any questions at all about the Conditions or how they may be used or how the Personal Property Securities Act 2009 (Cwth) might impact on your business, please do not hesitate to contact AFIF for clarification or guidance.
To obtain a copy of the AFIF Model Standard Trading Conditions and accompanying 'User Guide' document, please email our office firstname.lastname@example.org