Part 1 · Preliminary
1Name#
This instrument is the Competition and Consumer (Industry Code—Bulk Wheat) Regulations 2026.
2Commencement#
(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 | 1 October 2026. | 1 October 2026 |
Note: This table relates only to the provisions of this instrument as originally made.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.
4Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5Definitions#
In this instrument:
bulk wheat means wheat to be loaded onto a ship for export but does not include wheat to be exported in a bag or container that is not capable of holding more than 50 tonnes of wheat.
exporter means an entity seeking access to, or using, port terminal services for the purpose of exporting bulk wheat.
port terminal facility means a facility (including a ship loader) for use at a port for loading bulk wheat onto a ship, including any of the following situated at the port and associated with the facility:
(a)an intake/receival facility;
(b)a grain storage facility;
(c)a weighing facility;
(d)a shipping belt.
port terminal service means a service (within the meaning of Part IIIA of the Competition and Consumer Act 2010) provided by means of a port terminal facility, and includes the use of a port terminal facility.
port terminal service provider means an entity that owns (whether alone or jointly) or operates (whether alone or jointly) a port terminal facility that is used, or is to be used, to provide a port terminal service.
reference prices means the standard prices a port terminal service provider charges for port terminal services on the standard terms at a port where the provider owns (whether alone or jointly) or operates (whether alone or jointly) a port terminal facility.
shipping stem report means a report referred to in subsection 10(1).
standard terms means the standard terms and conditions, developed by a port terminal service provider, on which port terminal services are made available at a port where the provider owns (whether alone or jointly) or operates (whether alone or jointly) a port terminal facility.
Part 2 · Wheat port code
Division 1 · Purposes of industry code
8Purposes of industry code#
The purposes of the industry code in this Part are:
(a)to promote and support good faith in commercial dealings between port terminal service providers and exporters of bulk wheat; and
(b)to provide information transparency to wheat export supply chain participants by making the following available to the public:
(i)shipping stem reports;
(ii)policies and procedures for managing demand for port terminal services;
(iii)standard terms and reference prices for port terminal services.
Division 2 · General obligations of port terminal service providers and exporters
9Obligation to deal in good faith#
A port terminal service provider and an exporter must at all times deal with each other:
(a)lawfully; and
(b)in good faith within the meaning of the unwritten law as in force from time to time.
Note 1: If there are 2 or more port terminal service providers for a port terminal facility, each of the providers for that facility must comply with this section.
10Port terminal service provider to make available shipping stem reports#
(1)A port terminal service provider must on each business day make available to the public on its website a report that lists each ship scheduled to be loaded with grain through the use of a port terminal service provided at a port terminal facility that the provider owns (whether alone or jointly) or operates (whether alone or jointly).
(2)The report must include the following information for each ship:
(a)a unique slot reference number for the ship;
(b)if the port terminal service provider knows the name of the ship—the ship’s name;
(c)the estimated time when the ship is to arrive at the port terminal facility through which the port terminal service is to be provided;
(d)the estimated time when grain is to start being loaded onto the ship;
(e)the estimated time when the ship is to leave the port terminal facility through which the port terminal service is being provided;
(f)the name of the exporter of the grain;
(g)the quantity of grain to be loaded onto the ship through the use of the port terminal service;
(h)the type of grain to be loaded onto the ship through the use of the port terminal service;
(i)if the grain has started to be loaded onto the ship, but the loading has not been completed—that fact;
(j)if the loading of grain has been completed—the time when the loading was completed.
Multiple port terminal service providers for a particular port terminal facility
(3)If:
(a)there are 2 or more port terminal service providers for a particular port terminal facility that is used, or is to be used, to provide a particular port terminal service; and
(b)one of the providers for that facility complies with subsection (1) in relation to a business day, that service and that facility;
then none of the other providers for that facility is required to comply with subsection (1) in relation to that business day, that service and that facility.
11Port terminal service providers to make available policies and procedures for managing demand for port terminal services#
(1)A port terminal service provider must make available to the public on its website a statement setting out the provider’s policies and procedures for managing demand for the provider’s port terminal services provided at each port terminal facility that the provider owns (whether alone or jointly) or operates (whether alone or jointly).
(2)The statement must include the port terminal service provider’s policies and procedures relating to the nomination and acceptance of ships to be loaded using those port terminal services.
Multiple port terminal service providers for a particular port terminal facility
(3)If:
(a)there are 2 or more port terminal service providers for a particular port terminal facility; and
(b)one of the providers for that facility complies with subsection (1) in relation to port terminal services provided at that facility;
then none of the other providers for that facility is required to comply with subsection (1) in relation to those services and that facility.
12Port terminal service providers to make available standard terms and reference prices#
(1)A port terminal service provider must make available to the public on its website its current standard terms and reference prices for each port terminal facility that the provider owns (whether alone or jointly) or operates (whether alone or jointly).
(2)A port terminal service provider’s standard terms and reference prices for a port terminal facility may include different standard terms and reference prices for different seasons or periods of time.
Multiple port terminal service providers for a particular port terminal facility
(3)If:
(a)there are 2 or more port terminal service providers for a particular port terminal facility; and
(b)one of the providers for that facility complies with subsection (1) in relation to that facility;
then none of the other providers for that facility is required to comply with subsection (1) in relation to that facility.
Part 3 · Saving provisions
13Saving provisions—disputes#
(1)Clauses 14, 16 and 18 to 21 of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, as in force immediately before the commencement of this section, continue to apply on and after that commencement in relation to the following:
(a)a request that was made under subclause 14(1) of that Schedule before that commencement;
(b)a dispute referred or submitted to mediation under an access agreement (within the meaning of that Schedule as so in force) before that commencement.
(2)Clauses 15 and 16 of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, as in force immediately before the commencement of this section, continue to apply on and after that commencement in relation to a notice that was given under subclause 15(1) of that Schedule before that commencement.
14Saving provisions—record keeping#
(1)Clause 31 of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, as in force immediately before the commencement of this section, continues to apply on and after that commencement in relation to the following:
(a)an access agreement (within the meaning of that Schedule as so in force) entered into before that commencement;
(b)a variation made to such an access agreement before that commencement.
(2)Clause 32 of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, as in force immediately before the commencement of this section, continues to apply on and after that commencement in relation to a dispute that arose before that commencement.
(3)Clause 33 of Schedule 1 to the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, as in force immediately before the commencement of this section, continues to apply on and after that commencement in relation to each shipping window (within the meaning of that Schedule as so in force) that began before that commencement.
Schedule 1 · Repeals
Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014#
1 The whole of the instrument
Repeal the instrument.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.