What the ACCC does

  • We can grant port terminal service providers exemption from having to comply with Parts 3 to 6 of the wheat port code for a specified port terminal facility.
  • We can revoke exemptions that we have granted.

What the ACCC can't do

  • We cannot exempt port terminal service providers from having to comply with Parts 1 and 2 of the wheat port code.

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Exemptions by the ACCC

We can grant exemptions from parts of the wheat port code

The Port Terminal Access (Bulk Wheat) Code of Conduct, often referred to as the Wheat Port Code of Conduct or wheat port code, allows the ACCC to decide that a port terminal service provider is an exempt service provider for a specified port terminal facility.

Exempt service providers don’t have to comply with the obligations in Parts 3 to 6 of the wheat port code. They must still comply with the obligations in Parts 1 and 2 of the code.

In deciding whether to grant a port terminal service provider an exemption, we must consider 10 matters listed in subclause 5(3) of the wheat port code.

Since introducing the code, the ACCC has granted exemptions relating to more than 15 port terminal facilities. See wheat port code access exemptions for a list of these exemptions.

We can review exemptions we’ve previously granted

Possible reasons for reviewing an exemption that we’ve previously granted include:

  • changes in the market
  • becoming aware of new information that was not considered in making the original decision, or
  • expected market outcomes did not occur following the decision to exempt, such as exporters not being able to gain fair and transparent access to port terminal services at the facility following the original decision.

We can revoke exemptions

We can also revoke an exemption that we’ve previously granted, if, after considering the 10 matters listed in subclause 5(3) of the wheat port code, we are satisfied that the reasons for granting the exemption no longer apply.

To date, the ACCC has not revoked an exemption from the wheat port code.

Applying to the ACCC for an exemption

Port terminal service providers can apply to the ACCC to be an exempt service provider.

We publish guidelines with:

  • instructions on how to apply for an exemption
  • the process we use when deciding to make and revoke exemptions
  • expected timeframes to make a decision.

See Guidelines on the ACCC’s process for making and revoking exemption determinations.

Exemptions by the Minister to cooperatives

The Minister for Agriculture can decide that a port terminal service provider is an exempt service provider.

The Minister must be satisfied that the port terminal service provider is a cooperative that has:

  • grain-producer members who represent at least a two-thirds majority of grain-producers within the grain catchment area for the port concerned
  • sound governance arrangements that ensure the business functions efficiently and allows members influence the management decisions of the cooperative.

To date, the Minister has made one exemption. On 17 November 2014, the Minister found that Co-operative Bulk Handling Limited’s port terminal facilities at Albany, Esperance, Geraldton and Kwinana satisfactorily met the criteria for exemption.

A copy of the Minister’s Notice of Determination of Exemption is available on the Co-operative Bulk Handling Limited website.

Wheat port code exemption applications