The ACCC has determined that T-Ports Pty Ltd (T-Ports) is an exempt service provider of port terminal services provided via its port terminal facility at Wallaroo, South Australia.
The determination was made by notifiable instrument and registered on the Federal Register of Legislation. The instrument and exemption for T-Ports commence on 5 May 2023.
The ACCC considers that T-Ports will face a high level of competitive constraint from providers of bulk grain export port terminal services, primarily as a result of Viterra’s Wallaroo facility. The ACCC therefore considers that T-Ports will be incentivised to provide fair and transparent access to port terminal services at its Wallaroo facility.
The exemption means that T-Ports will not be required to comply with Parts 3 to 6 of the Port Terminal Access (Bulk Wheat) Code of Conduct in the course of providing services at Wallaroo, South Australia.
The ACCC’s final determination document is available on the ACCC website.
The notifiable instrument is available on the Federal Register of Legislation website.
Background
The Wheat Port Code of Conduct commenced on 30 September 2014.
The code regulates bulk grain port terminal operators to ensure that exporters have fair and transparent access to port terminal services.
Exempt service providers are not required to comply with obligations in Parts 3 to 6 of the code, including obligations not to discriminate or hinder other exporters when providing access to port terminal services, or to submit port capacity allocation systems for ACCC approval. They are still required to deal with exporters in good faith and publish certain information, including a port loading statement and port loading procedures.