The Australian Competition and Consumer Commission has released an issues paper seeking views on whether to reduce the level of regulation at bulk wheat port terminals owned by GrainCorp Operations Limited and Queensland Bulk Terminals (QBT) at the Port of Brisbane.
Port terminal service providers such as GrainCorp and QBT are required to comply with the mandatory Code on bulk wheat port terminal access. The ACCC is currently considering whether it is appropriate for GrainCorp and/or QBT to be exempt service providers at the Port of Brisbane.
Exempt service providers are not required to comply with most of the Code’s obligations, including obligations not to discriminate when providing access to port terminal services, to submit port capacity allocation systems for ACCC approval, or to publish information on stocks at port.
Under the Code, exempt service providers are still required to deal with exporters in good faith and publish certain information, including a port loading statement and port loading procedures. The ACCC is currently undertaking a nationwide exemption assessment process on a region by region basis.
The ACCC is seeking responses to its issues paper by 15 July 2015.
The issues paper and other relevant documents are available at: Port of Brisbane wheat ports exemption assessments
The Code commenced on 30 September 2014, replacing the previous access undertakings regime administered by the ACCC. The Code regulates bulk wheat port terminal operators to ensure that exporters have fair and transparent access to port terminal services.