The ACCC has released an issues paper seeking views on whether to reduce the level of regulation at Riordan Grain Services’ port terminal facility at the Port of Portland.
Port terminal service providers are required to comply with the mandatory code on bulk wheat port terminal access. The ACCC is currently considering whether it is appropriate for Riordan to be exempt from certain parts of the code at Portland.
The issues paper outlines Riordan’s application for exemption and seeks public submissions in response to questions in the paper.
The ACCC also intends to amend the wording of an existing determination made on 28 July 2017 in relation to the port terminal services provided by Riordan at Berth 3, Lascelles Wharf, Port of Geelong.
The issues paper and Riordan’s submission are available at Riordan Grain Services Port of Portland wheat port exemption assessment.
The closing date for submissions is Friday 16 November 2018.
Background
The Wheat Port Code of Conduct commenced on 30 September 2014.
The code regulates bulk wheat port terminal operators to ensure that exporters have fair and transparent access to port terminal services.
Exempt service providers are not required to comply with most of the code’s obligations, including obligations not to discriminate or hinder other exporters when providing access to port terminal services, or to submit port capacity allocation systems for ACCC approval. They are still required to deal with exporters in good faith and publish certain information, including a port loading statement and port loading procedures.