Final decision22 Jun 2011
On 22 June 2011 the ACCC accepted, under Division 6 of Part IIIA of the Competition and Consumer Act 2010, 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 had previously undertaken extensive consultation September 2010 undertaking and did not call for submissions on GrainCorp's 20 June 2011 Undertaking.
Related public register entry
Access undertaking - Graincorp 2011
Revised port terminal service protocols
On 26 November 2012, GrainCorp published varied Port Terminal Services Protocols (PTSPs), pursuant to clause 9.3 of its 2011 Undertaking. The varied PTSPs introduced provisions for long-term agreements with access seekers. The ACCC decided to not issue an Objection Notice in relation to GrainCorp’s proposal, and accordingly GrainCorp’s revised PTSPs came into effect on 27 December 2012. Details regarding the ACCC’s decision are outlined in the ACCC’s media release: ACCC allows GrainCorp to introduce Long-Term Port Access Agreements.
GrainCorp published further variations to the PTSPs in March 2013, primarily to introduce transferability of port terminal capacity. These further revised protocols came into effect on 23 April 2013 after the ACCC decided on 28 March 2013 not to issue an Objection Notice.
GrainCorp’s further revised PTSPs are attached to the Undertaking document published on the ACCC’s public register, which can be accessed following the ‘Related public register entry’ link above.