GrainCorp Operations Ltd (GrainCorp) is an Australian agribusiness company listed on the Australian Securities Exchange.
Revised Port Terminal Service Protocols – introducing long-term port access agreements
On 26 November 2012, GrainCorp published varied Port Terminal Services Protocols (PTSPs), pursuant to clause 9.3 of its 2011 Undertaking. The varied PTSPs relate to the provision of long-term agreements with access seekers. The ACCC decided to not issue an Objection Notice in relation to GrainCorp’s proposal. GrainCorp’s revised Port Terminal Service Protocols will come into effect on 27 December 2012.
On 20 June 2011, GrainCorp Operations Ltd (GrainCorp) submitted an Access Undertaking (the 2011 Undertaking) to the ACCC for assessment under section 44ZZA of the Competition and Consumer Act 2010 (CCA). A typographical error in relation to the Document Date at page 44 has been corrected.
The 2011 Undertaking was provided in response to an amendment notice given to GrainCorp in relation to the undertaking lodged by it on 22 September 2010 pursuant to section 44ZZAAA (1) of the CCA by the ACCC on 20 June 2011.
The ACCC had previously undertaken extensive consultation September 2010 undertaking and did not call for submissions on GrainCorp's 20 June 2011 Undertaking. On 22 June 2011 the ACCC accepted, pursuant to Division 6 of Part IIIA of the CCA, the Undertaking provided to the ACCC by GrainCorp on 20 June 2011 relating to the provision to accredited wheat exporters of access to port terminal services for the purposes relating to the export of bulk wheat. The ACCC published the reasons for its decision in the final decision paper.
On 22 September 2010, GrainCorp lodged a proposed access undertaking for its port terminal services with the ACCC for assessment under section 44ZZA of the Trade Practices Act 1974 (known as the Competition and Consumer Act 2010 (CCA) from 1 January 2011). A link to the proposed undertaking and supporting documentation from GrainCorp is below.
GrainCorp provided the ACCC with a revised Proposed 2011 Undertaking on 31 January 2011 which contains technical amendments to the Undertaking lodged on 22 September 2010. The amendments have been made to recognise the change in the title of the Trade Practices Act 1974 to the Competition and Consumer Act 2010 and to allow for continuing enforceability of the undertaking should the legislative provisions in the Wheat Exports Marketing Act 2008 change. Given the technical nature of the changes in the revised version of the undertaking, the ACCC is not treating this as a withdrawal and re-lodgement of GrainCorp’s Proposed 2011 Undertaking and is not restarting the clock for the purposes of the time limits for the ACCC’s decision. The ACCC is considering the Proposed 2011 Undertaking lodged on 22 September 2011 as amended on 31 January 2011.
The ACCC and GrainCorp have agreed under section 44ZZBC(4) that the period from 17 May 2011 to 21 June 2011 inclusive will be disregarded in working out the expected period for the ACCC decision under s 44ZZBC. The letters constituting this agreement are published below.
The ACCC released a Draft Decision on 24 March 2011 and seeks comment on the preliminary views contained in the draft decision. GrainCorp has proposed revisions to its proposed undertaking which is at Annexure A to the draft decision.
The ACCC commenced public consultation on its Draft Decision regarding GrainCorp's proposed 2011 Port Terminal Services Access Undertaking on 24 March 2011. The deadline for submissions was 22 April 2011. Submissions are available at the link below.
The ACCC commenced a public consultation process in relation to the 2011 GrainCorp proposed Port Terminal Services Access Undertaking on 7 October 2010. The deadline for submissions was 4 November 2010.
Further information on the consultation process and how to make a submission is available in the 2010 Issues Paper below:
The ACCC received the following submissions from stakeholders on the issues paper it released regarding GrainCorp's proposed 2011 Access Undertaking (the Proposed 2011 Undertaking):
On 29 September 2009 the ACCC accepted, under Division 6 of Part IIIA of the Trade Practices Act 1974 (known as the Competition and Consumer Act 2010 (CCA) from 1 January 2011), the Access Undertaking (the Undertaking) provided to the ACCC by GrainCorp on 24 September 2009 concerning the provision to accredited wheat exporters of access to port terminal services for purposes relating to the export of bulk wheat. This followed a lengthy process of consultation on an earlier version of GrainCorp's Undertaking.
The ACCC released an Issues Paper on 29 April 2009 and invited comment on the Undertaking. The Issues Paper, subsequent submissions, and requests for information document the consultation process between the ACCC and farm groups, the bulk handlers, accredited wheat exporters and other interested parties.
For additional information relating to the Port Terminal Services Access Undertaking and the process leading to its submission and acceptance, please refer to the Key Documents of the Undertaking Process below.
As part of the undertaking, Graincorp is required to publish its Port Terminal Services Protocols and a current shipping stem on its website.
Please note that the ACCC is not responsible for the quality, validity or accuracy of information published to GrainCorp's website. Links to other websites are provided for convenience and do not constitute endorsement of material at those sites or any associated information, product or service.
Key Documents of the Undertaking Process
On 15 April 2009, GrainCorp lodged an Undertaking for assessment under section 44ZZA of the TPA (known as the Competition and Consumer Act (CCA) from 1 January 2011).
Following consultation with stakeholders, the ACCC published an initial draft decision on 6 August 2009 stating that GrainCorp's original April proposal was not likely to be acceptable, and likely required changes.
The ACCC sought submissions on this draft decision, and subsequently released a further draft decision on 23 September 2009 giving guidance as to the type of undertaking that would likely be accepted by the ACCC.
This Undertaking was accepted by the ACCC on 29 September 2009, and Wheat Exporters Australia subsequently announced the bulk wheat export accreditation renewed for GrainCorp on 30 September 2009.
