Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsSelect Legislative Instrument No. 136, 2014
made under the
Competition and Consumer Act 2010
Compilation No. 1
Compilation date: 22 September 2022
Includes amendments up to: F2022L01232
Registered: 6 October 2022
About this compilation
This compilation
This is a compilation of the Competition and Consumer (Industry Code--Port Terminal Access (Bulk Wheat)) Regulation 2014 that shows the text of the law as amended and in force on 22 September 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of regulation
3 Authority
4 Code of conduct
5 Review of operation of this regulation
Schedule 1--Port Terminal Access (Bulk Wheat) Code of Conduct
Part 1--Preliminary
1 Name of code
2 Purpose of code
3 Definitions
4 Application of code
5 Exempt service providers
Part 2--General obligations of port terminal service providers and exporters
6 Obligation to deal in good faith
7 Port terminal service provider to publish and make available loading statement
8 Port terminal service providers to publish policies and procedures for managing demand for port terminal services
9 Port terminal service providers to have standard terms and reference prices
Part 3--Access to port terminal services provided by a port terminal service provider
Division 1--General matters
10 Port terminal service provider not to discriminate or hinder exporter's access to port terminal services
11 Exporters to have access to port terminal services provided by a port terminal service provider
12 Dealing with an incomplete application
13 Terms of an access agreement
14 Dealing with disputes during negotiations
15 Arbitration of terms of agreements
16 Exporter may request information to be provided during negotiations
17 When negotiations are taken to end
Division 2--Mediation
18 General rules applicable to mediation
19 Termination of mediation
20 Costs of mediation
21 Right to take legal proceedings not affected
Division 3--Standard terms and reference prices
22 Standard terms to include dispute resolution mechanism
23 Variation of standard terms and reference prices
Part 4--Port loading protocols of port terminal service providers
Division 1--General requirements
24 Port terminal service provider to have a port loading protocol
25 Port loading protocol to include capacity allocation system
26 Complying with port loading protocols and capacity management system
Division 2--Varying a port loading protocol
27 Varying a port loading protocol
Part 5--Port terminal service provider to publish certain information
28 Port terminal service provider to publish expected capacity
29 Port terminal service provider to publish performance indicators
30 Port terminal service provider to publish stock information
Part 6--Record keeping
31 Port terminal service providers to retain access agreements and variations to those agreements
32 Records about disputes in relation to an access agreement
33 Records on port terminal services acquired by an exporter
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Competition and Consumer (Industry Code--Port Terminal Access (Bulk Wheat)) Regulation 2014 (SLI No. 136, 2014) | 19 Sept 2014 (F2014L01250) | 30 Sept 2014 (s 2) |
|
Competition and Consumer (Industry Code--Port Terminal Access (Bulk Wheat)) Amendment (Review) Regulations 2022 | 21 Sept 2022 (F2022L01232) | 22 Sept 2022 (s 2(1) item 1) | -- |
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 5..................... | am F2022L01232 |
s 6..................... | rep F2022L01232 |