Commonwealth Numbered Acts Commonwealth Numbered ActsBefore 1 October 2009
(1) For the purposes of this Act, a person passes the access test in relation to a port terminal service at a particular time if:
(a) that time is before 1 October 2009; and
(b) at that time, the person complies with the continuous disclosure rules in relation to the port terminal service (see subsection (4));
and either:
(c) at that time, there is available on the person's Internet site a current statement to the effect that the person is willing to:
(i) provide accredited wheat exporters with access to the port terminal service for purposes relating to the export of wheat; and
(ii) do so on such terms and conditions as are set out in the statement; or
(d) at that time:
(i) there is in force a decision under Division 2A of Part IIIA of the Trade Practices Act 1974 that a regime established by a State or Territory for access to the port terminal service is an effective access regime; and
(ii) under that regime, accredited wheat exporters have access to the port terminal service for purposes relating to the export of wheat.
On or after 1 October 2009
(2) For the purposes of this Act, a person passes the access test in relation to a port terminal service at a particular time if:
(a) that time is on or after 1 October 2009; and
(b) at that time, the person complies with the continuous disclosure rules in relation to the port terminal service (see subsection (4));
and either:
(c) at that time, there is in operation, under Division 6 of Part IIIA of the Trade Practices Act 1974 , an access undertaking relating to the provision to accredited wheat exporters of access to the port terminal service for purposes relating to the export of wheat; or
(d) at that time:
(i) there is in force a decision under Division 2A of Part IIIA of the Trade Practices Act 1974 that a regime established by a State or Territory for access to the port terminal service is an effective access regime; and
(ii) under that regime, accredited wheat exporters have access to the port terminal service for purposes relating to the export of wheat.
(3) For the purposes of paragraph (2)(c):
(a) assume that subsection 44ZZBA(1) of the Trade Practices Act 1974 had never been enacted; and
(b) assume that an access undertaking comes into operation at the time when the ACCC publishes its decision to accept the undertaking.
(4) For the purposes of this Act, a person complies with the continuous disclosure rules in relation to a port terminal service at a particular time if:
(a) at that time, there is available on the person's Internet site a current statement setting out 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
(b) at that time, there is available on the person's Internet site a current statement setting out:
(i) the name of each ship scheduled to load grain using the port terminal service; and
(ii) for each ship referred to in subparagraph (i)--the time when the ship was nominated to load grain using the port terminal service; and
(iii) for each ship referred to in subparagraph (i)--the time when the ship was accepted as a ship scheduled to load grain using the port terminal service; and
(iv) for each ship referred to in subparagraph (i)--the quantity of grain to be loaded by the ship using the port terminal service; and
(v) for each ship referred to in subparagraph (i)--the estimated date on which grain is to be loaded by the ship using the port terminal service; and
(c) at that time, the person had a policy of updating the paragraph (b) statement each business day.
Exceptions
(5) Subsections (1) and (2) do not apply to the export of wheat in:
(a) a bag; or
(b) a container;
that is capable of holding not more than 50 tonnes of wheat.
Failure
(6) For the purposes of this Act, a person fails the access test in relation to a port terminal service at a particular time if the person does not pass the access test in relation to the service at that time.