The ACCC has responsibilities relating to persons who export bulk wheat and who also provide one or more port terminal services.
On 1 July 2008 the Wheat Export Marketing Act 2008 (WEM Act) came into operation. The WEM Act establishes a system for the accreditation of exporters of bulk wheat. Under the system, to gain accreditation from Wheat Exports Australia, wheat exporters who own or operate port terminal services must pass an access test relating to each of those services.
From 1 October 2009 one mechanism by which an export marketer that is the provider of one or more port terminal services for wheat export can pass the access test is by having a formal access undertaking in operation relating to the provision to accredited wheat exporters of access to the port terminal services for the purposes of the export of wheat. This access undertaking is assessed by the Australian Competition and Consumer Commission (ACCC) under the requirements of Part IIIA of the Trade Practices Act 1974.
