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Eligibility Criteria

In order to receive and maintain accreditation, exporters must satisfy the eligibility criteria outlined in section 5 of the Wheat Export Accreditation Scheme 2008 (the Scheme). The eligibility criteria fall into three categories:

  1. those which must be strictly fulfilled by an applicant;
  2. those which WEA must consider in deciding if an applicant is fit and proper, but which individually may not lead to an application for accreditation being rejected; and
  3. those which must be fulfilled to the satisfaction of WEA.

Criteria that must be strictly fulfilled

The following two criteria must be strictly fulfilled in order for an exporter to obtain accreditation:
  1. the exporter must be a company
    1. registered as a company under Part 2A.2 of the Corporations Act 2001; or
    2. a co-operative; and
  2. the company must be a trading corporation to which paragraph 51(xx) of the Constitution applies.
  3. Criteria which WEA must consider

  4. WEA has regard to the following criteria which is set out in the Act in determining whether an applicant is a fit and proper company to be accredited as a bulk wheat exporter:
    1. the financial resources available to the company;
    2. the company’s risk management arrangements;
    3. the company’s business record;
    4. the company’s record in situations requiring trust and candour;
    5. the business record of each executive officer of the company;
    6. the experience and ability of each executive officer of the company;
    7. the record in situations requiring trust and candour of each executive officer of the company;
    8. whether the company, or an executive officer of the company, has been convicted of an offence against an Australian law or a foreign law, where the offence relates to dishonest conduct;
    9. whether the company, or an executive officer of the company, has been convicted of an offence against an Australian law or a foreign law, where the offence relates to the conduct of a business;
    10. whether an order for a pecuniary penalty has been made against the company, or an executive officer of the company, under section 1317G of the Corporations Act 2001 or section 76 of the Trade Practices Act 1974;
    11. whether the company has contravened a condition of the company’s accreditation under the wheat export accreditation scheme;
    12. whether an executive officer of the company has been involved in a contravention of a condition of an accreditation under the Wheat Export Accreditation Scheme;
    13. whether the company, or an executive officer of the company, has been convicted of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;
    14. whether the company, or an executive officer of the company, has committed or been involved in repeated contraventions, or a serious contravention, of a designated sanitary or phytosanitary measure;
    15. whether the company, or an executive officer of the company, has committed or been involved in a contravention of a United Nations sanctions provision;
    16. whether the company, or an executive officer of the company, has committed or been involved in a contravention of an Australian law or a foreign law, where the contravention relates to trade in barley, canola, lupins, oats or wheat; and
    17. such other matters (if any) as WEA considers relevant.

    Criteria that must be fulfilled to WEA’s satisfaction

    WEA must be satisfied of the following criteria in order for an exporter to obtain accreditation:

  5. that the company is not an externally-administered body corporate; and
  6. if the company, or an associated entity, is the provider of one or more port terminal services—WEA is satisfied that the company or associated entity, as the case may be, passes the access test in relation to each of those services.