First variation26 Nov 2012
CBH has made two applications to vary its 2011 access Undertaking. The first was provided on 26 November 2012 and the second was on 31 July 2013 (replacing an earlier application on 22 March 2013).
26 November 2012 application to vary 2011 Undertaking
On 26 November 2012, CBH made an application under section 44ZZA(7) of the Competition and Consumer Act 2010 (CCA) to vary its 2011 Access Undertaking.
The proposed variations insert an obligation for CBH to comply with the Continuous Disclosure Rules defined in the Wheat Export Marketing Act 2008. CBH sought to make this variation in order to comply with the new access test proposed in the Wheat Export Marketing Amendment Bill 2012 (now passed). CBH also sought to vary the definition of Accredited Wheat Exporter in anticipation of the abolition of the Wheat Export Accreditation Scheme, as also proposed by the Bill.
ACCC decision to consent to variation submitted 26 November 2012
The ACCC decided on 5 December 2012 to consent to the application made by CBH under section 44ZZA(7) of the CCA to vary its 2011 Access Undertaking.
The reasons for the ACCC's decision are set out in the decision document.