On 20 December 2021 the ACCC wrote to Port of Portland Limited (POPL) regarding its 2021-22 bulk grain export capacity allocation process and non-compliance with subclause 25(2) of the Port Terminal Access (Bulk Wheat) Code of Conduct. The letter sets out:
- that no further action will be taken by the ACCC in relation to the breach; and
- the ACCC’s expectations regarding POPL’s compliance with its obligations under the code as a non-exempt port terminal service provider.
On 14 January 2022 POPL wrote to the ACCC confirming its commitment to comply with its obligations under the code.
On 3 May 2022 POPL was determined to be an exempt service provider and is no longer subject to Parts 3 to 6 of the code. Subclause 25(2) falls within Part 4 of the code. Further information regarding POPL's exemption application is available at Port of Portland wheat port exemption assessment.