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ACCC process - port terminal access test

To gain accreditation as a wheat exporter, exporters that own or operate port terminal facilities must provide fair and transparent access to their facilities to other accredited wheat exporters.

The assessment of Part IIIA undertakings by the Australian Competition and Consumer Commission (ACCC) is one part of the access test under the Wheat Export Marketing Act 2008 that relates to the accreditation of wheat exporters from 1 October 2009.
 
The access test is part of a regulatory framework that aims to promote the development of an efficient and competitive bulk wheat export marketing industry that advances the needs of wheat growers.


Lodgement and assessment

The process of having a Part IIIA access undertaking assessed by the ACCC consists of three stages:

Stage 1 - Lodgement by a wheat exporter of an undertaking with the ACCC
ACCC assesses lodgement application against certain pre-conditions.

Stage 2 - Assessment of the undertaking by the ACCC
Submitted undertakings will be published online and the ACCC will seek submissions from interested parties. If the ACCC considers that it is appropriate to do so, the ACCC will publish an Issues Paper.

Submissions will be made publicly available. The ACCC may consider requests for confidentiality from parties to limit all or part of their submission being published. It is the ACCC’s preference to publish all information it receives. Parties should take this into account when making a request for confidentiality.

Stage 3 - A decision on whether the ACCC accepts or rejects the undertaking
The ACCC will publish a Draft Decision and will provide parties with an opportunity to provide additional submissions on the Draft Decision.

After submissions are considered, a Final Decision will be made.  A party whose interests are affected may apply to the Australian Competition Tribunal for review of the ACCC decision.

Note: The process outlined above is an indicative guide only. The actual process for having an undertaking considered will be made by the ACCC after it has considered a number of matters, including the characteristics and complexity of the undertaking under assessment.


Further information

ACCC WheatExport Marketing Act and the Port terminal access test