The Australian Competition and Consumer Commission has released an issues paper seeking views on whether T-Ports Pty Ltd (T-Ports) should be exempt from certain parts of the Wheat Port Code of Conduct when providing bulk grain export port terminal services at Lucky Bay.
Port terminal service providers are required to comply with the mandatory code on bulk grain port terminal access.
With the release of the issues paper the ACCC is commencing its consideration of whether it would be appropriate for T-Ports to be exempt from parts 3 to 6 of the code when providing services by means of its facility at Lucky Bay. This facility is currently under construction with T-Ports currently anticipating a Q4 2019 completion date.
The ACCC’s issues paper outlines T-Ports’ application for exemption and seeks public submissions in response to questions in the paper.
The issues paper and T-Ports’ submission are available at T-Ports Lucky Bay wheat port exemption assessment.
The closing date for submissions is 17 May 2019.
Background
The Wheat Port Code of Conduct commenced on 30 September 2014. The code regulates bulk grain 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.