Undertaking dated 24 September 2009

On 24 September 2009, Co-operative Bulk Handling Ltd (CBH) submitted an Access Undertaking (the Undertaking) to the ACCC for assessment under section 44ZZA of the Trade Practices Act 1974 (TPA).

Given the extensive consultation process that the ACCC had engaged in relating to the type of access undertakings that would be likely to be accepted by the ACCC pursuant to section 44ZZA(3) of the TPA (see the ACCC's views set out in the ACCC's Further Draft Decision dated 23 September 2009 on CBH's 14 April 2009 Undertaking), the ACCC did not call for submissions on CBH's 24 September 2009 Undertaking.

On 29 September 2009 the ACCC accepted, pursuant to Division 6 of Part IIIA of the TPA, 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. The ACCC published the reasons for its decision in the final decision paper.