Document ID: chunk:federal_register_of_legislation:C2012A00170:clause:1_7a
Version: federal_register_of_legislation:C2012A00170
Segment Type: clause
Provision Reference: sch 1 cl 7A
Character Range: 9022–10347

7A  Requirement to pass the access test—transitional 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 the provider was, immediately before the commencement of this section:
 (a) an accredited wheat exporter; or
 (b) an associated entity of an accredited wheat exporter.

When the access test must be passed
 (2) The provider must pass the access test in relation to the port terminal service at all times during the period:
 (a) beginning at the commencement of this item; and
 (b) ending at the earlier of the following times:
 (i) the first time the provider is required by section 7 to pass the access test in relation to the port terminal service;
 (ii) the end of the 12‑month period beginning on the day this item commences.

Exception
 (3) 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
 (4) A determination under subsection (3) is not a legislative instrument.

Definitions
 (5) For the purposes of this section:
accredited wheat exporter has the same meaning as in the old Act.