(1) In section 16(1) of the Grain Handling and Storage Act 1995 after "determines" insert "in accordance with Part 3 of the Essential Services Commission Act 2001 ".
(2) After section 16(2) of the Grain Handling and Storage Act 1995 insert —
"(3) The Commission must not determine for the purposes of sub-section (1) that all facilities used in the provision of prescribed services in the Port of Geelong or the Port of Portland have ceased to be significant infrastructure facilities.".