5Definitions

5 Definitions

In this Act:

ACCC means the Australian Competition and Consumer Commission.

access test has the meaning given by section 9.

access undertaking has the same meaning as in Part IIIA of the Competition and Consumer Act 2010.

associated entity has the same meaning as in the Corporations Act 2001.

civil penalty order means an order under subsection 76(1).

civil penalty provision means a provision declared by this Act to be a civil penalty provision.

continuous disclosure rules has the meaning given by subsection 9(4).

customs officer means:

(a) the Chief Executive Officer of Customs; or
(b) an officer of customs within the meaning of the Customs Act 1901.

evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

Federal Court means the Federal Court of Australia.

port terminal facility means a ship loader that is:

(a) at a port; and
(b) capable of handling wheat in bulk;

and includes any of the following facilities: (c) an intake/receival facility; (d) a grain storage facility; (e) a weighing facility; (f) a shipping belt; that is: (g) at the port; and (h) associated with the ship loader; and (i) capable of dealing with wheat in bulk.

port terminal service means a service (within the meaning of Part IIIA of the Competition and Consumer Act 2010) provided by means of a port terminal facility, and includes the use of a port terminal facility.

provider, in relation to a port terminal service, means the entity that is the owner or operator of the port terminal facility that is used (or is to be used) to provide the service.

Secretary means the Secretary of the Department.

WEA means Wheat Exports Australia.