The Australian Competition and Consumer Commission (ACCC) has determined that ADM Trading Australia (ADM) is an 'exempt service provider' of port terminal services provided via its port terminal facility at Port Pirie, South Australia.
The determination was made by notifiable instrument and registered on the Federal Register of Legislation. The instrument and ADM’s exemption commenced on 24 September 2021.
The ACCC has released a final determination document that sets out the reasons why the ACCC decided to grant ADM an exemption. These included the ACCC’s view that ADM faces substantial competitive constraint from other port terminal service providers, and will continue to have incentives to provide exporters with fair and transparent access to its services following an exemption.
The exemption means that ADM will not be required to comply with Parts 3 to 6 of the Port Terminal Access (Bulk Wheat) Code of Conduct in the course of providing services at Port Pirie, South Australia.
The ACCC’s final determination document is available on the ACCC website, and the notifiable instrument is available on the Federal Register of Legislation.