The development of bulk wheat exports regulation

Regulation before the wheat port code

Wheat Export Marketing Act

Before the Port Terminal Access (Bulk Wheat) Code of Conduct, often referred to as the Wheat Port Code of Conduct or wheat port code, access to bulk wheat export port terminal services was regulated under the Wheat Export Marketing Act 2008.

Wheat exporters who also owned or operated wheat port terminal facilities needed to pass an 'access test' before they could be accredited to export bulk wheat.

Wheat export access undertakings

One part of the access test that wheat exporters had to pass was having an access undertaking accepted by the ACCC under Part IIIA of the Trade Practices Act 1974, renamed the Competition and Consumer Act 2010 on 1 January 2011 and also known as the national access regime.

The ACCC accepted undertakings from four operators – Co-operative Bulk Handling, Emerald, GrainCorp and Viterra. Undertakings were first accepted in 2009, with further undertakings being accepted in 2011 and 2013.

We also considered variations to the undertakings, monitored compliance, and had other roles under the undertakings.

Introduction of the wheat port code

ACCC submission on the draft code

The ACCC was involved in the consultation process while the wheat port code was being developed.

In June 2014, we provided a submission on a draft version of the wheat port code and associated Regulation Impact Statement.

Introduction of the code

The wheat port code began on 30 September 2014. The code replaced the previous wheat port access rules under the Wheat Export Marketing Act 2008.

Reviews since the wheat port code was introduced

Review of the code in 2017

The Department of Agriculture and Water Resources began a review of the wheat port code in 2017.

The ACCC provided 2 submissions to the review.

The Department published its final report on 18 October 2018. See the Review of the Code of Conduct.

The Australian Government provided a response to the Department’s final report in October 2020. See Australian Government response to the Review of the Wheat Port Access Code of Conduct.

Second code review

The wheat port code is schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014.

The regulation originally required that a second review of the wheat port code must start by 30 September 2022.

On 15 September 2022 the regulation was amended to require that a second review must start by 30 September 2025. See details of the amendment on the Federal Register of Legislation website.

The Department of Agriculture, Fisheries and Forestry began a second review of the code in October 2023.

The ACCC provided one submission to the review.