Document ID: chunk:federal_register_of_legislation:F2022C00982:reg:5
Version: federal_register_of_legislation:F2022C00982
Segment Type: reg
Provision Reference: reg 5
Character Range: 5114–7658

5  Review of operation of this regulation
 (1) The Minister administering section 1 of the Farm Household Support Act 2014 must cause a review of the operation of this regulation to be undertaken.
 (2) The review must start before the end of the period of 3 years after the amendment of this section by the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Amendment (Review) Regulations 2022.
 (3) The review must identify opportunities to ensure well‑managed deregulation to free and open competition in the Australian wheat export market, while maintaining Australia's international reputation for quality and reliability. In particular, the review must consider whether there are appropriate alternative mechanisms to achieve this outcome.
 (4) In conducting the review, consideration must be given to the following:
 (a) whether the code should be repealed and the timing of any such repeal;
 (b) whether the code should be amended and the timing of any such amendment;
 (c) the ongoing appropriateness of the power to exempt cooperatives under subclause 5(1) of the code;
 (d) the effectiveness of, and level of competition existing under, current arrangements for the transport, storage and distribution of wheat in contributing to a sustainable supply chain from farm gate to export load port;
 (e) the availability and transparency of relevant market information to participants in the export supply chain;
 (f) the promotion of the economically efficient operation of, use of and investment in port terminal facilities;
 (g) the promotion of competition in upstream and downstream markets;
 (h) the ongoing appropriateness of all port service providers making available a port loading statement each business day under clause 7 of the code;
 (i) the ongoing appropriateness of the additional regulatory requirements under Parts 3 to 6 of the code;
 (j) whether there is ongoing justification to continue the operation of the code over and above what is provided under Part IIIA of the Competition and Consumer Act 2010;
 (k) any other relevant matters.
 (5) In conducting the review, the following matters must be taken into account:
 (a) the use of and access to port terminal facilities (within the meaning of the code) during the 4 years preceding the commencement of the review;
 (b) any changes to market conditions in the wheat export supply chain, including economic trends that may have impacted on the operation of the wheat export market;
 (c) the legitimate interest of all relevant stakeholders.