The ACCC has released a draft determination proposing to grant T-Ports Pty Ltd (T-Ports) exempt service provider status under the Port Terminal Access (Bulk Wheat) Code of Conduct in relation to its port terminal facility at Wallaroo.
An exemption would mean that T-Ports would not be required to comply with Parts 3 to 6 of the code when providing port terminal services at its facility at Wallaroo.
The ACCC considers that T-Ports will face a high level of competitive constraint from other providers of bulk grain export port terminal services. The ACCC therefore considers that T-Ports will be incentivised to provide fair and transparent access to port terminal services at its Wallaroo facility.
The ACCC invites interested parties to provide submissions in response to this draft determination. The ACCC will consider submissions prior to reaching its final view. The closing date for submissions is 10 March 2023.
View the ACCC's draft determination.
Background
The Wheat Port Code of Conduct commenced on 30 September 2014.
The code regulates bulk grain port terminal service providers to ensure that exporters have fair and transparent access to port terminal services.
Exempt service providers are not required to comply with obligations in Parts 3 to 6 of the code, including obligations not to discriminate against 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.