27Varying a port loading protocol

27 Varying a port loading protocol

(1) A port terminal service provider may vary its port loading protocol. Variations to an approved capacity allocation system (2) If the proposed variation is to a capacity allocation system that has been approved by the ACCC in accordance with subclause 25(3) or that is taken to be approved by the ACCC under subclause 25(5), the capacity allocation system as varied must be approved by the ACCC. (3) Before approving the varied capacity allocation system, the ACCC must have regard to the matters mentioned in subclause 25(3) in relation to the varied capacity allocation system. All other variations (4) For a proposed variation other than a variation mentioned in subclause (2), a port terminal service provider must, at least 20 business days before the commencement of a proposed variation: (a) make available to the public on its website: (i) the proposed variation and the date the proposed variation is to take effect; and (ii) an explanation of the proposed variation; and (iii) an invitation inviting submissions to be provided to the provider on the proposed variation within a specified period (being no less than 10 business days); and (b) notify exporters that have an access agreement with the provider about the proposed variation and the availability of the matters mentioned in paragraph (a) on its website. (5) A port terminal service provider must publish on its website submissions received on a proposed variation unless: (a) the submission made by a person consists wholly or partly of material that is claimed by the person to be confidential or commercially sensitive; and (b) the person has requested the provider not to publish the material. (6) A port terminal service provider must consider in good faith all submissions received within the specified period. (7) If the port terminal service provider decides to change the proposed variation in response to such submissions, the provider must, at least 3 business days before the commencement of the proposed variation, notify the public of the changes on its website, but is not required to consult further.