Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (CHSB Bulk Terminal Pty Ltd, Geelong) Determination 2025
The Australian Competition and Consumer Commission makes the following determination.
Dated 12 December 2025
[signed]
Gina Cass-Gottlieb
Chair
Australian Competition and Consumer Commission
Australian Competition and Consumer Commission
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Determination
1 Name
This instrument is the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (CHSB Bulk Terminal Pty Ltd, Geelong) Determination 2025.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subclause 5(2) of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Code, including the following:
- ACCC;
- bulk wheat;
- exempt service provider;
- port terminal facility;
- port terminal service;
- port terminal service provider.
In this instrument:
Code means the Port Terminal Access (Bulk Wheat) Code of Conduct as set out in Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014.
5 Determination
Under subclause 5(2) of the Code, the ACCC determines that CHSB Bulk Terminal Pty Ltd (ACN 662 071 721) is an exempt service provider of port terminal services provided by means of its port terminal facility at the Port of Geelong, Victoria.
Overview
The Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (CHSB Bulk Terminal Pty Ltd, Geelong) Determination 2025 was enacted to address the specific needs of the bulk wheat industry, particularly in relation to port terminal services at the Port of Geelong, Victoria. This determination was made by the Australian Competition and Consumer Commission (ACCC) under the authority of subclause 5(2) of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014. The primary objective of this legislation is to designate CHSB Bulk Terminal Pty Ltd as an exempt service provider of port terminal services, thereby ensuring that the company can operate under defined conditions that comply with the broader competition and consumer laws while facilitating efficient bulk wheat handling operations. This determination aims to provide clarity and legal certainty for the industry, allowing CHSB Bulk Terminal Pty Ltd to continue its operations with the necessary exemptions while maintaining fair competition practices.
Scope and Application
The Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (CHSB Bulk Terminal Pty Ltd, Geelong) Determination 2025, made under the authority of the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, applies to CHSB Bulk Terminal Pty Ltd (ACN 662 071 721), specifically recognising it as an exempt service provider of port terminal services related to bulk wheat at the Port of Geelong in Victoria. This instrument, which came into effect on the day after its registration, recognises the specified entity's role in the industry and its adherence to the terms of the relevant Code of Conduct. The jurisdictional scope of this determination is limited to the Commonwealth of Australia, particularly within Victoria where the specified port terminal facility operates. There are no stated exclusions or exemptions within the text, but the applicability of the Code and the specific terms under which CHSB Bulk Terminal Pty Ltd operates as an exempt service provider are subject to the broader regulatory framework established by the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014.
Key Provisions
The main operative sections of the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (CHSB Bulk Terminal Pty Ltd, Geelong) Determination 2025 are found in sections 2, 3, 4, and 5. Section 2 outlines the commencement of the instrument, stating that it will commence on the day after it is registered. Section 3 specifies the authority under which this instrument is made, which is subclause 5(2) of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014. Section 4 provides definitions for certain terms used in the instrument, while section 5 contains the determination itself, which identifies CHSB Bulk Terminal Pty Ltd as an exempt service provider of port terminal services at the Port of Geelong, Victoria.
The obligations and requirements imposed by this Act on the parties it governs include compliance with the Port Terminal Access (Bulk Wheat) Code of Conduct as set out in Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014. CHSB Bulk Terminal Pty Ltd, as an exempt service provider, must adhere to the terms and conditions of the Code, which govern access to port terminal facilities for bulk wheat services. The determination ensures that the port terminal services provided by CHSB Bulk Terminal Pty Ltd are in compliance with the requirements of the Code, promoting fair and reasonable access to port terminal facilities for bulk wheat services.
The determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the text provided. However, breaches of the Code of Conduct or non-compliance with the determination could potentially lead to enforcement actions by the Australian Competition and Consumer Commission (ACCC). Under the Competition and Consumer Act 2010, the ACCC has the power to take legal action against entities that breach industry codes, which could result in civil penalties, injunctions, or other remedies as deemed appropriate by the court. The specific penalties for breach would depend on the nature and severity of the breach, as well as any relevant provisions within the Code of Conduct or other relevant legislation.