Document ID: chunk:federal_register_of_legislation:C2012A00170:clause:1_7
Version: federal_register_of_legislation:C2012A00170
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 7909–9022

7  Requirement to pass the access test—general rule

Who must pass the access test
 (1) A provider of a port terminal service must pass the access test in relation to the port terminal service if:
 (a) the provider exports wheat using the port terminal service; or
 (b) the provider is an associated entity of a person who exports wheat using the port terminal service.
 (2) Subsection (1) does not apply 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.

When the access test must be passed
 (3) The provider must pass the access test in relation to the port terminal service at all times during the 12‑month period beginning on the day of the export of the wheat.

Exception
 (4) The Secretary may, by writing, determine that this section does not apply in relation to a specified provider and to a specified period if the Secretary is satisfied that there are special circumstances that justify the Secretary doing so.

Determination not a legislative instrument
 (5) A determination under subsection (4) is not a legislative instrument.