South Australian Oyster Growers’ Association Inc

On 9 October 2020, the South Australian Oyster Growers Association Inc (SAOGA) and the South Australian Oyster Research Council (SAORC) (together, the Applicants) applied for re-authorisation for an arrangement between the Applicants, current and future oyster growers and current and future South Australian oyster hatcheries, which grow and supply spat (juvenile oysters) to oyster growers.

Under authorisations first granted in 1999, the parties have agreed that the hatcheries will charge oyster growers in South Australia (which rear spat to marketable size) a levy on spat. The levy is used by the SAORC for oyster-industry research and development. The levy currently stands at $1.00 per 1000 spat, but can be increased in line with the Consumer Price Index.

The ACCC’s prior authorisations enabling SAOGA’s levy arrangement (A91229 and A91230) were granted on 1 October 2010 for a period of ten years, expiring on 23 October 2020. The Applicants sought urgent interim authorisation to enable the conduct allowed under authorisations A91229 and A91230 to continue while the ACCC undertakes its assessment of the application.

On 22 October 2020, the ACCC granted interim authorisation to allow the arrangement authorised in 2010 to continue while it assesses the application for re-authorisation.

On 19 February 2021, the ACCC released a draft determination proposing to re-authorise the conduct for a further 10 years.

On 6 May 2021, the ACCC re-authorised the conduct until 28 May 2031.

A copy of the application, interim authorisation, draft determination and determination are available via the links below.