Australian Bulk Alliance (ABA)

Australian Bulk Alliance Pty Ltd (ABA), through its subsidiary Melbourne Terminal Operations Pty Ltd, operates the Port Terminal Facility for bulk wheat and other commodities at Appleton Dock, Port Melbourne.


Australian Bulk Alliance Pty Ltd Access Undertaking 2011

On 21 September 2011, ABA submitted an Access Undertaking (the 2011 Undertaking) to the ACCC for assessment under section 44ZZA of the Competition and Consumer Act 2010 (CCA). 


Port Terminal Services Access Undertaking by Australian Bulk Alliance Pty Ltd - 21 September 2011.pdf (7.8 MB)

The 2011 Undertaking was provided in response to an amendment notice given to ABA by the ACCC on 7 September 2011 pursuant to section 44ZZAAA (1) of the CCA. The amendment notice was given in relation to the proposed undertaking lodged by ABA on 23 December 2010 .


ACCC Amendment Notice to ABA 7 September 2011.pdf (119.9 KB)

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 ABA on 21 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.


ACCC letter to ABA 28 September 2011.pdf (604.6 KB)

ACCC - Decision to Accept ABA's 2011 Undertaking - 28 September 2011.pdf (226.7 KB)

Proposed Undertaking lodged 23 December 2010

On 23 December 2010, ABA 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 submission from ABA is below.


2010 ABA Port Terminal Services Access Undertaking - Supporting submission.pdf (204.8 KB)

2010 ABA Port Terminal Services Access Undertaking (23 December).pdf (2.7 MB)
 

ACCC Draft Decision

The ACCC released a Draft Decision on 11 August 2011 and seeks comment on the preliminary views contained in the Draft Decision and the annexed draft amendment notice. Submissions by interested parties are due by 31 August 2011.


ACCC Draft Decision on ABA's Proposed Port Terminal Services Access Undertaking.pdf (1.1 MB)

The Draft Decision also references a draft revised version of ABA's proposed undertaking. A link to the draft revision and ABA's supporting submission is below.


Letter to ACCC in support of ABA's draft revised access undertaking dated 28 July 2011.pdf (143.4 KB)

ABA draft revised Port Terminal Services Access Undertaking - 28 July 2011.pdf (1.3 MB)

Public consultation on ACCC Issues Paper

The ACCC commenced a public consultation process in relation to the proposed ABA Port Terminal Services Access Undertaking on 20 January 2011. The deadline for submissions was 4 March 2011.

Further information on the consultation process and how to make a submission is available in the Issues Paper below:


ACCC Issues Paper on ABA's Proposed Port Terminal Services Access Undertaking.pdf (149.9 KB)

Submissions on Issues Paper

The ACCC received the following submissions from stakeholders on the issues paper it released regarding ABA's proposed Port Terminal Services Access Undertaking:


Victorian Farmers Federation - 4 March 2011.pdf (469.5 KB)

Asciano - 4 March 2011.pdf (46.2 KB)

CBH Grain - 4 March 2011.pdf (1.3 MB)

The ACCC also received a submission from ABA responding to third party submissions.

ABA - 17 March 2011 - response to third party submissions.pdf (134.4 KB)

Request for Information

On 13 April 2011 the ACCC sent a request to ABA to provide further information to assist the ACCC in its assessment of the proposed Port Terminal Services Access Undertaking submitted by ABA. The ACCC issued this notice pursuant to section 44ZZBCA of the Competition and Consumer Act 2010.


ACCC - letter to ABA - 13 April 2011.pdf (518.3 KB)

ACCC request for information to ABA pursuant to s44ZZBCA.pdf (146.7 KB)

ABA Response to ACCC request for information - 29 April 2011.pdf (185.4 KB)

ABA Response to ACCC request for information - Schedule 1 - 21 April 2011.pdf (408.7 KB)