Co-operative Bulk Handling (CBH) is a bulk handling company that was founded in 1933 as a grower-owned cooperative.
ACCC decision to consent to variation
The ACCC decided on 5 December 2012 to consent to the application made by CBH under section 44ZZA(7) of the Competition and Consumer Act 2010 to vary its 2011 Access Undertaking.
The reasons for the ACCC's decision are set out in the decision document, which is available below.
On 26 November 2012, CBH made an application under section 44ZZA(7) of the Competition and Consumer Act to vary its 2011 Access Undertaking.
The proposed variations insert an obligation for CBH to comply with the Continuous Disclosure Rules defined in the Wheat Export Marketing Act 2008. CBH is seeking to make this variation in order to comply with the new access test proposed in the Wheat Export Marketing Amendment Bill 2012. CBH is also seeking to vary the definition of Accredited Wheat Exporter in anticipation of the abolition of the Wheat Export Accreditation Scheme, as also proposed by the Bill.
On 20 September 2011, CBH submitted an Access Undertaking (the 2011 Undertaking) to the ACCC for assessment under section 44ZZA of the Competition and Consumer Act 2010 (CCA).
On 28 September 2011 the ACCC accepted, pursuant to Division 6 of Part IIIA of the CCA, the 2011 Undertaking provided to the ACCC by CBH on 20 September 2011. The 2011 Undertaking relates to the provision of access to port terminal services to accredited wheat exporters for purposes relating to the export of bulk wheat. The ACCC published the reasons for its decision in the Decision to Accept the 2011 Undertaking available below.
On 31 March 2011, CBH 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 CBH is below.
The ACCC released a Draft Decision on 23 August 2011 and seeks comment on the preliminary views contained in the Draft Decision. Submissions by interested parties are due by 13 September 2011.
The ACCC received the following submissions from stakeholders on the Draft Decision paper it released regarding CBH's proposed 2011 Port Terminal Services Access Undertaking (the Proposed 2011 Undertaking):
The ACCC commenced public consultation on CBH’s proposed 2011 Port Terminal Services Access Undertaking on 21 April 2011. The deadline for submissions is 20 May 2011.
Further information on the consultation process and how to make a submission is available in the Issues Paper below.
On 6 May 2011 the ACCC sent a request to CBH to provide further information to assist the ACCC in its assessment of the proposed Port Terminal Services Access Undertaking submitted by CBH. The ACCC issued this notice pursuant to section 44ZZBCA of the Competition and Consumer Act 2010.
On 30 June 2011 the ACCC sent a request to CBH to provide further information to assist the ACCC in its assessment of the proposed Port Terminal Services Access Undertaking submitted by CBH. The ACCC issued this notice pursuant to section 44ZZBCA of the Competition and Consumer Act 2010.
Submissions on proposed 2011 Undertaking issues paper
The ACCC received the following submissions from stakeholders on the issues paper it released regarding CBH's proposed 2011 Port Terminal Services Access Undertaking (the Proposed 2011 Undertaking):
On 29 September 2009 the ACCC accepted, pursuant to Division 6 of Part IIIA of the Trade Practices Act 1974 ('the Act', known as the Competition and Consumer Act 2010 (CCA) from 1 January 2011), the Access Undertaking (the Undertaking) provided to the ACCC by CBH on 24 September 2009 relating to the provision to accredited wheat exporters of access to port terminal services for the purposes relating to the export of bulk wheat. This followed a lengthy process of consultation on an earlier version of CBH's Undertaking.
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 on the Undertaking Process below.
As part of the Undertaking, CBH is required to publish its Port Terminal Rules 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 CBH'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 14 April 2009, CBH lodged an Undertaking for assessment under section 44ZZA of the TPA (known as the Competition and Consumer Act 2010 (CCA) from 1 January 2011).
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.
Following consultation with stakeholders, the ACCC, published an initial draft decision on 6 August 2009 stating that CBH'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 be likely to be accepted by the ACCC.
This Undertaking was accepted by the ACCC on 29 September 2009, and Wheat Exports Australia subsequently announced bulk wheat export accreditation renewed for CBH on 30 September 2009.
