Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (Plum Grove Logistics, Geraldton) Determination 2025

Overview

The Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (Plum Grove Logistics, Geraldton) Determination 2025 was enacted to address specific concerns regarding the accessibility and regulation of port terminal services for bulk wheat in the Geraldton area. This determination was made by the Australian Competition and Consumer Commission (ACCC) under subclause 5(2) of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014. The ACCC identified a gap in the regulation of port terminal services that needed addressing to ensure fair access for bulk wheat providers, and this determination aims to fill that gap by exempting Plum Grove Logistics Pty Ltd from certain regulations, recognising its role as an exempt service provider for port terminal services at Geraldton, Western Australia.

Scope and Application

This determination, the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (Plum Grove Logistics, Geraldton) Determination 2025, applies specifically to Plum Grove Logistics Pty Ltd, a company registered with the Australian Company Number 672 854 410, and its provision of port terminal services for bulk wheat at its facility in Geraldton, Western Australia. The determination comes into effect the day after it is registered, with specific provisions commencing as outlined in the instrument. This legislation is enacted under subclause 5(2) of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, and it designates Plum Grove Logistics as an exempt service provider for the specified port terminal services. The geographic scope of this determination is limited to the port terminal facility in Geraldton, Western Australia, with no broader jurisdictional implications stated. The definitions provided within the instrument align with those set out in the relevant Code, including terms such as "ACCC," "bulk wheat," and "port terminal service provider."

Key Provisions

The main operative section of this instrument is section 5, which determines that Plum Grove Logistics Pty Ltd (ACN 672 854 410) is an exempt service provider of port terminal services provided by means of its port terminal facility at Geraldton, Western Australia (s 5). This determination is made under subclause 5(2) 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 (s 3). The instrument is named the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) (Plum Grove Logistics, Geraldton) Determination 2025 (s 1) and it commences the day after it is registered (s 2(1)). The obligations and requirements imposed by this Act on Plum Grove Logistics Pty Ltd, as an exempt service provider, are primarily those specified within the Port Terminal Access (Bulk Wheat) Code of Conduct. This includes ensuring that they adhere to any terms and conditions set out in the Code concerning the provision of port terminal services. The Act also mandates that Plum Grove Logistics comply with the definitions provided, such as those for "ACCC," "bulk wheat," "exempt service provider," "port terminal facility," "port terminal service," and "port terminal service provider," as these terms are further defined in the Code. In terms of consequences for breach, the Act does not explicitly state any offences, penalties, or specific civil or criminal consequences for non-compliance with the Code's terms. However, given that the ACCC is the enforcing body under the Competition and Consumer Act 2010, non-compliance could lead to enforcement actions by the ACCC, which may include investigations, court proceedings, and penalties as prescribed by the overarching legislation. The exact penalties would depend on the nature and severity of the breach, and any resultant actions taken by the ACCC.