On 30 October 2019, Cargill provided a written application to the ACCC seeking to be determined an exempt service provider of port terminal services provided by means of its port terminal facility at Port Adelaide, South Australia.
On 2 July 2020 the ACCC released a final determination granting Cargill Australia Limited an exemption for port terminal services provided by means of its port terminal facility at Port Adelaide (Inner Harbour). The exemption means that Cargill Australia Limited is not required to comply with Parts 3 to 6 of the Port Terminal Access (Bulk Wheat) Code of Conduct.
Background
A mandatory Code on bulk wheat terminal access commenced on 30 September 2014. The code regulates bulk wheat port terminal operators to ensure that exporters have fair and transparent access to terminal facilities. The code allows for regulation to be reduced at ports where appropriate. The ACCC may exempt a port terminal service provider from certain provisions of the code in relation to a specific port terminal facility.