The ACCC has released a draft determination proposing to grant Commodity Ag Pty Ltd (Commodity Ag) exempt service provider status under the Port Terminal Access (Bulk Wheat) Code of Conduct in relation to its port terminal facility at Albany.
An exemption would mean that Commodity Ag would not be required to comply with Parts 3 to 6 of the code when providing port terminal services at its facility at Albany.
The ACCC considers that Commodity Ag will face a high level of competitive constraint from Co-operative Bulk Handling Limited (CBH) at Albany. The ACCC therefore considers that Commodity Ag will be incentivised to provide fair and transparent access to port terminal services at its Albany facility.
The ACCC invites interested parties to provide submissions in response to this draft determination. The ACCC will consider submissions prior to reaching its final view. The closing date for submissions is 20 April 2023.
View the ACCC’s draft determination.
Background
The Wheat Port Code of Conduct commenced on 30 September 2014. The code regulates bulk grain port terminal service providers 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 against 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.