On 28 March 2019, T-Ports 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, which is currently being developed at Lucky Bay on South Australia’s Eyre Peninsula.
On 17 April 2019 the ACCC released an issues paper regarding T-Ports’ application.
On 23 August 2019 the ACCC released a final position stating that it intends to determine T-Ports to be an exempt service provider of services in relation to its port terminal facility at Lucky Bay, once that facility is capable of handling bulk wheat.
On 1 April 2020, following T-Ports' confirmation that its Lucky Bay facility was capable of handling bulk wheat, the ACCC determined that T-Ports is an exempt service provider at Lucky Bay.
Background
The code commenced on 30 September 2014 and regulates the conduct of port terminal service providers to ensure that exporters of bulk wheat have fair and transparent access to port terminal services.
The code provides the ACCC with the ability to reduce the level of regulation applying to port terminal service providers. It does this by allowing the ACCC in appropriate circumstances to 'exempt' providers from having to comply with Parts 3 to 6 of the code in the course of providing services via a specified port terminal facility (or facilities).