Document ID: chunk:federal_register_of_legislation:F2022C00982:clause:1_4:p1
Version: federal_register_of_legislation:F2022C00982
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/2)
Character Range: 11427–14059

4  Application of code

Application of certain parts and clauses
 (1) Part 3 of this code applies to the following:
 (a) an application, and matters relating to the application, made on or after 30 September 2014 by an exporter to a port terminal service provider to enter into, renew or extend an access agreement;
 (b) an access agreement that is entered into on or after 30 September 2014;
 (c) an access agreement that was entered into before 30 September 2014 and that is renewed or extended on or after 30 September 2014.
 (2) Clause 31 of this code (record‑keeping in relation to access agreements) applies to the following access agreements:
 (a) an access agreement referred to in subclause (1);
 (b) an access agreement that was entered into before 30 September 2014 that is varied on or after 30 September 2014.
 (3) Clause 32 of this code (record‑keeping in relation to disputes) applies to disputes about access agreements referred to in subclause (1).
 (4) Clause 33 of this code (record‑keeping in relation to port terminal services acquired by an exporter) applies to a port terminal service acquired by an exporter on or after 30 September 2014 in accordance with the terms of an access agreement referred to in subclause (1) or paragraph (2)(b).
 (5) For the purposes of applying Part 3 of this code to the renewal or extension of an access agreement, references in that Part to an application to enter into an access agreement or negotiations about the terms of an access agreement are to be read as references to an application to renew or extend an access agreement, or an application to enter into negotiations about the terms on which an access agreement is renewed or extended, as the case requires.

Port terminal service providers to which the code or parts of the code do not immediately apply
 (6) This code does not apply to a port terminal service provider in respect of port terminal services provided by means of a particular port terminal service facility until 1 October 2015 if, immediately before 30 September 2014:
 (a) the port terminal service provider was providing, or intended to provide, those services by means of that facility; and
 (b) there was no undertaking given by the provider, and accepted by the ACCC, in force in relation to those services provided by means of that facility.
 (7) To the extent that, because of the operation of subclause (6), this code starts to apply to a port terminal service provider on 1 October 2015, references in subclauses (1), (2) and (4) to 30 September 2014 are taken to be references to 1 October 2015.
 (8) If a determination under clause 5 that