Emerald Logistics 2013

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2015 if a mandatory code of conduct commences on 1 October 2014 or the Wheat Export Marketing Act 2008 (Cth) is repealed or amended such that Emerald is no longer required to have an undertaking in place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.