Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (Commodity Ag) Determination 2023
The Australian Competition and Consumer Commission make the following determination.
Dated 28 May 2023
[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)) (Commodity Ag) Determination 2023.
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Note: This table relates only to the provisions of this instrument as originally made.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:
(a) ACCC;
(b) bulk wheat;
(c) exempt service provider
(d) port terminal facility
(e) port terminal service
(f) 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 Consolidated Ag Pty Ltd (ACN 164 749 151) as trustee of The Cadalelup Trust trading as Commodity Ag, is an exempt service provider of port terminal services provided by means of its port terminal facility at Albany, Western Australia.
Overview
The Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (Commodity Ag) Determination 2023 was enacted to address the need for ensuring fair access to port terminal services for bulk wheat in Australia, particularly in the context of agricultural commodities. This legislation was introduced by the Australian Competition and Consumer Commission (ACCC) to provide a regulatory framework that ensures competition and consumer protection in the specified industry. The policy objective behind this determination is to maintain fair and reasonable access to port terminal facilities for bulk wheat, thereby supporting the efficient operation of the agricultural sector.
The determination was made under subclause 5(2) of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, with the specific aim of identifying exempt service providers for port terminal services. The ACCC has determined that Consolidated Ag Pty Ltd (ACN 164 749 151), trading as Commodity Ag, is an exempt service provider for port terminal services at its facility in Albany, Western Australia. This determination is crucial in maintaining the balance between regulatory oversight and operational flexibility for entities involved in the bulk wheat industry.
Scope and Application
The Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (Commodity Ag) Determination 2023 is an instrument made under the authority of the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014. It applies to the entity Consolidated Ag Pty Ltd (ACN 164 749 151), as trustee of The Cadalelup Trust trading as Commodity Ag, which is designated as an exempt service provider of port terminal services at its facility located in Albany, Western Australia. This designation as an exempt service provider means that the entity is exempt from certain provisions of the Code that would otherwise apply to port terminal service providers. The determination commenced on the day after the instrument was registered and its provisions are effective as specified in the commencement table. It is noteworthy that while the instrument covers the designated entity, it does not extend its application to other port terminal service providers unless explicitly mentioned. Any further clarifications or amendments to the instrument's provisions would be subject to the terms specified within the document itself.
Key Provisions
The main provisions of the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (Commodity Ag) Determination 2023 are contained within its definition and determination sections. Specifically, section 1 identifies the instrument as the Determination, while section 2 outlines the commencement date, which is the day after the instrument is registered. Section 4 provides definitions for terms used within the instrument, including expressions defined in the Code, while section 5 makes the determination that Consolidated Ag Pty Ltd is an exempt service provider of port terminal services.
The Determination imposes specific obligations and requirements on Consolidated Ag Pty Ltd, as it designates the company as an exempt service provider of port terminal services. This status means that the company is exempt from certain provisions of 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. These obligations and requirements are designed to ensure fair access and non-discriminatory treatment for port terminal services in the bulk wheat industry.
The Determination does not explicitly state any offences, penalties, or consequences for breach. However, any breach of the Port Terminal Access (Bulk Wheat) Code of Conduct, from which Consolidated Ag Pty Ltd is exempt, could result in civil or criminal penalties under the Competition and Consumer Act 2010. For example, individuals or companies found to have contravened the Act may be subject to fines, imprisonment, or both. The maximum penalties for contraventions can vary depending on the specific provision breached and the circumstances of the case. It is important to note that the Determination itself does not establish penalties, but rather designates an exemption from certain provisions of the Code of Conduct.