9Access test

9 Access test

Access test—access undertaking (1) A person passes the access test in relation to a port terminal service at a particular time if: (a) at that time, there is in operation, under Division 6 of Part IIIA of the Competition and Consumer Act 2010, an access undertaking relating to the provision to wheat exporters of access to the port terminal service for purposes relating to the export of wheat; and (b) the access undertaking obliges the person to comply, at that time, with the continuous disclosure rules in relation to the port terminal service (see subsection (4)); and (c) at that time, the person complies with the continuous disclosure rules in relation to the port terminal service. (2) For the purposes of paragraph (1)(a): (a) assume that subsection 44ZZBA(1) of the Competition and Consumer Act 2010 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. Access test—effective access regimes (3) A person passes the access test in relation to a port terminal service at a particular time if: (a) at that time: (i) there is in force a decision under Division 2A of Part IIIA of the Competition and Consumer Act 2010 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, wheat exporters have access to the port terminal service for purposes relating to the export of wheat; and (b) at that time, the person complies with the continuous disclosure rules in relation to the port terminal service (see subsection (4)). Continuous disclosure rules (4) The continuous disclosure rules in relation to a port terminal service are as follows: (a) there is available on the person’s website 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); (b) there is available on the person’s website a current statement (a loading statement) setting out a unique slot reference number for each ship (a loading ship) scheduled to load grain using the port terminal service; (c) the loading statement also sets out, for each loading ship: (i) if the person knows the name of the ship—the name; and (ii) the time when the ship was nominated to load grain using the port terminal service; and (iii) the time when the ship was accepted as a ship scheduled to load grain using the port terminal service; and (iv) the estimated time when the ship will arrive at the port terminal service; and (v) the estimated time when grain is to start being loaded by the ship using the port terminal service; and (vi) the estimated time when the ship will leave the port terminal service; and (vii) the name of the exporter of the grain; and (viii) the quantity of grain to be loaded by the ship using the port terminal service; and (ix) the type of grain to be loaded by the ship using the port terminal service; and (x) if grain has started to be loaded by the ship, but the loading has not been completed—that fact; and (xi) if the ship has completed loading grain using the port terminal service—the time when the loading was completed; (d) the person updates the loading statement each business day; (e) both: (i) the ACCC has a copy of the information set out in the most recently updated loading statement; and (ii) the information was given to the ACCC in the manner and form approved, in writing, by the ACCC. Export of wheat (5) In this section, a reference to the export of wheat does not include a reference 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.