If an exporter, or an associated entity of an exporter, is the provider of one or more port terminal services, WEA must be satisfied that they pass the access test in order for the exporter to be eligible for accreditation.
Please see definitions for clarification of terms.
The access test is set out in section 24 of the Act and applies to exporters applying for accreditation after 1 October 2009.
In order to pass the access test an exporter applying for accreditation, or an associated entity of the exporter, must comply with section 1 and 2 or 3 below.
The exporter, or the associated entity of the exporter, which is the provider of the port terminal service is referred to below as the ‘person’..
- The person must comply with the continuous disclosure rules in relation to the port terminal service.
The continuous disclosure rules are set out in subsection 24(4) of the Act and are as follows
- The person must have the following statements on its internet site:
- A statement of the person’s policies and procedures for managing demand for the port terminal service (including the person’s policies and procedures relating to the nomination and acceptance of ships to be loaded using the port terminal service); and
- A statement setting out the name of each ship scheduled to load grain using the port terminal service and the following details for each ship:
- the time when the ship was nominated to load grain using the port terminal service;
- the time when the ship was accepted as a ship scheduled to load grain using the port terminal service;
- the quantity of grain to be loaded by the ship using the port terminal service; and
- the estimated date on which grain is to be loaded by the ship using the port terminal service; and
- the person must also have a policy of updating the statement mentioned in paragraph
ii. above, each business day
An access undertaking comes into operation at the time when the Australian Competition and Consumer Commission (ACCC) publishes its decision to accept the undertaking.
The person may pass the access test if they comply with (1) and also has a State or Territory access regime in place. There must be a decision under Division 2A of Part IIIA of the Trade Practices Act 1974 in force that the regime established by the State or Territory for access to the port terminal service is an effective access regime.
Accredited wheat exporters must also have access to the port terminal service for exporting bulk wheat under that regime.
ACCC process - port terminal access test