The Australian Competition and Consumer Commission has released an issues paper seeking views on whether Port of Portland Limited (POPL) should be exempt from certain parts of the Wheat Port Code of Conduct when providing bulk wheat export port terminal services at Portland.
Port terminal service providers are required to comply with the mandatory code on bulk wheat port terminal access.
With the release of the issues paper the ACCC is commencing its consideration of whether it would be appropriate for POPL to be exempt from Parts 3 to 6 of the code when providing services by means of its facility at Portland.
The ACCC’s issues paper outlines POPL’s application for exemption and seeks public submissions in response to questions in the paper.
The issues paper and POPL’s exemption application are available at Port of Portland wheat port exemption assessment.
The closing date for submissions is 26 November 2021.
Background
The Wheat Port Code of Conduct commenced on 30 September 2014. The code regulates bulk grain port terminal operators to ensure that exporters have fair and transparent access to port terminal services.
Exempt service providers are not required to comply with most of the code’s obligations, including obligations not to discriminate or hinder other exporters when providing access to port terminal services, or to submit port capacity allocation systems for ACCC approval. They are still required to deal with exporters in good faith and publish certain information, including a port loading statement and port loading procedures.