Application to extend and vary17 Jul 2014
Emerald's application to extend and vary proposed to extend the operation of its 2013 undertaking until the earlier of 30 September 2015 or such a time as it is no longer required to have an access undertaking accepted by the ACCC (for instance, upon the anticipated commencement of a mandatory code of conduct on 1 October 2014).
Emerald also proposed certain variations to its 2013 undertaking, including:
- the inclusion of two 'early expiry clauses' that would allow the undertaking to expire earlier than 30 September 2015 if a mandatory code of conduct commences on 1 October 2014 or the Wheat Export Marketing Act 2008 (Cth) is repealed or amended such that Emerald is no longer required to have an undertaking in place
- updating dates to reflect that the documents will apply to the 2014/15 season
- a small number of additions and amendments to defined terms.
Aside from these listed changes, the 2013 undertaking was largely unchanged by Emerald's application.
Application to extend and vary 2013 undertaking
Details of Emerald's application, including supporting submissions are available below.