Document ID: chunk:federal_register_of_legislation:F2022C00982:clause:1_5:p1
Version: federal_register_of_legislation:F2022C00982
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 14375–17237

5  Exempt service providers
 (1) The Minister administering section 1 of the Farm Household Support Act 2014 (the relevant Minister) may, in writing, determine that a port terminal service provider is an exempt service provider of port terminal services provided by means of a specified port terminal facility if the relevant Minister is satisfied that the provider is a cooperative that has:
 (a) grain‑producer members who represent at least a two‑thirds majority of grain‑producers within the grain catchment area for the port concerned; and
 (b) sound governance arrangements that ensure the business functions efficiently and that allow its members to influence the management decisions of the cooperative.
 (2) The ACCC may, in writing, determine that a port terminal service provider is an exempt service provider of port terminal services provided by means of a specified port terminal facility.
Note: The ACCC may, at a particular time, make a determination in respect of a port terminal service provider even if the code does not apply to the provider at that time because of the operation of subclause 4(6).
 (3) In making a determination under subclause (2), the ACCC must have regard to the following matters:
 (a) the legitimate business interests of the port terminal service provider;
 (b) the public interest, including the public interest in having competition in markets;
 (c) the interests of exporters who may require access to port terminal services;
 (d) the likelihood that exporters of bulk wheat will have fair and transparent access to port terminal services;
 (e) the promotion of the economically efficient operation and use of the port terminal facility;
 (f) the promotion of efficient investment in port terminal facilities;
 (g) the promotion of competition in upstream and downstream markets;
 (h) whether the port terminal service provider is an exporter or an associated entity of an exporter;
 (i) whether there is already an exempt service provider within the grain catchment area for the port concerned;
 (j) any other matters the ACCC considers relevant.
 (4) If the relevant Minister receives statements from one or more groups of grain producers that they are disadvantaged by a determination made under subclause (1), the relevant Minister may undertake a period of public consultation to consider whether or not the continuation in force of the determination would be in the interests of the grain producers within the grain catchment area for the port concerned.
 (5) The relevant Minister may revoke a determination made under subclause (1) if:
 (a) the relevant Minister is no longer satisfied of a matter mentioned in paragraph (1)(a) or (b); or
 (b) the relevant Minister is satisfied, based on a public consultation undertaken under subclause (4), that the continuation in force of the determination would not be