11Exporters to have access to port terminal services provided by a port terminal service provider

11 Exporters to have access to port terminal services provided by a port terminal service provider

Access to port terminal services to be provided under an access agreement (1) A port terminal service provider must enter into an access agreement or enter into negotiations about the terms of an access agreement with an exporter if: (a) the exporter has applied to the port terminal service provider to enter into an access agreement; and (b) the port terminal service provider is satisfied on reasonable grounds that the exporter’s application is complete (see clause 12); and (c) the port terminal service provider is satisfied on reasonable grounds that: (i) the exporter is solvent; and (ii) the exporter has established the identity of its legal owners; and (iii) the exporter is able to meet actual or potential liabilities under an access agreement with the port terminal service provider; and (iv) the exporter is not currently in breach of an access agreement with the port terminal service provider because of financial problems; and (v) the exporter has not been in breach of an access agreement with the port terminal service provider because of financial problems during the 2 years immediately before the exporter applied under paragraph (a). (2) In satisfying itself for the purposes of paragraph (1)(c), the port terminal service provider may: (a) have regard to the exporter’s previous credit history with the provider; and (b) request the exporter to consent to the provider engaging a credit reporting agency to undertake a credit review of the exporter, including a search of the PPS Register; and (c) request the exporter to provide: (i) details of the exporter’s credit rating; and (ii) the exporter’s most recent financial statements; and (iii) references from commercial trade referees. When port terminal service provider is not satisfied of matters mentioned in paragraph (1)(c) (3) If a port terminal service provider is not satisfied on reasonable grounds of the matters mentioned in paragraph (1)(c), the provider must: (a) notify the exporter, in writing, of the reasons within 5 business days of: (i) if clause 12 applied to the exporter’s application—the day the exporter was notified by the port terminal service provider that the information provided was sufficient; or (ii) in all other cases—the day the exporter applied to the port terminal service provider to enter into an access agreement; and (b) give the exporter an opportunity to provide additional information. (4) An exporter that is given an opportunity to provide additional information under paragraph (3)(b), must provide the information within: (a) 7 business days after the exporter is notified; or (b) such greater number of days as is agreed by the port terminal service provider. (5) If: (a) an exporter is given an opportunity to provide additional information under paragraph (3)(b); and (b) the exporter provides the information within the period required under subclause (4); the port terminal service provider must make a decision as to whether the provider is satisfied on reasonable grounds of the matters mentioned in paragraph (1)(c) within 5 business days of the information being provided.