The ACCC has granted interim authorisation to South Australian Oyster Growers Association Inc (SAOGA) and a number of oyster hatcheries to continue to participate in an oyster spat (juvenile oysters) levy agreement that has been operating since 1999. The levy is used to fund the oyster research and development activities of the South Australian Oyster Research Council. The agreement was first authorised in 1999 and has since been re-authorised in 2005 and 2010. Interim authorisation will allow the oyster spat levy agreement to continue while the ACCC considers SAOGA’s application for re-authorisation.
Interim authorisation commences immediately and enables SAOGA and the oyster hatcheries to continue to give effect to the oyster spat levy agreement on the same terms as last authorised in 2010. SAOGA and the oyster hatcheries will have protection from legal action under the relevant provisions of the Competition and Consumer Act 2010 while the ACCC considers and evaluates the merits of the application for re-authorisation. The ACCC may review the interim authorisation at any time and its interim authorisation decision should not be taken to be indicative of whether or not final authorisation will be granted.
Further information about the ACCC’s decision is available on the ACCC’s public register at: South Australian Oyster Growers Association (SAOGA).