Proposed undertaking23 Dec 2010
On 23 December 2010, Viterra lodged a proposed access undertaking for its port terminal services with the 糖心原创 for assessment under section 44ZZA of the Trade Practices Act 1974 (known as the Competition and Consumer Act 2010 (CCA) from 1 January 2011).
Proposed access undertaking
Issues paper
The 糖心原创 commenced public consultation on Viterra鈥檚 proposed 2011 Port Terminal Services Access Undertaking on 20 January 2011. The deadline for submissions was 4 March 2011.
Submissions on the issues paper
The 糖心原创 received the following submissions on the issues paper it released regarding Viterra's proposed 2011 Access Undertaking.
Viterra's response to the issues paper and submissions
In response to the 糖心原创 issues paper and issues raised by stakeholders, Viterra provided the following submission:
Capacity allocation method - 2011 / 2012 Bookings on the Viterra Shipping Stem
As part of the assessment of the proposed 2011 undertaking, the 糖心原创 examined whether the first in, first served allocation method operated by Viterra was appropriate. As part of that assessment, the 糖心原创 considered the transitional arrangements relating to bookings made pursuant to the 2009 undertaking for execution after the expiry of the 2009 undertaking.
In order to obtain views from industry participants, the 糖心原创 issued 12 notices to exporters who appeared on the Viterra shipping stem pursuant to s.44ZZBCA(1) of the CCA.
Interested stakeholders who did not receive a s.44ZZBCA(1) notice were also invited to make submissions in relation to this issue.
Exporter responses to 糖心原创 request for information
Request for information
An additional request for information was issued to Viterra Operations on 15 April 2011.
Information requested relates to capacity management issues, Export Select/Export Standard, the operation of the anti-hoarding provision, treatment of wheat from third parties and differential pricing, and information handling and sharing. The notice, issued on 15 April 2011 operated as a 'clock stopper'. The 180 day statutory timeframe resumed on 4 May 2011.
Statutory time frame
Section 44ZZBC of the CCA requires the 糖心原创 to make a decision on an access undertaking application within 180 days starting the day the application is received. In calculating this time period, days may be disregarded under certain circumstances, for example during periods of public consultation or by agreement between the applicant and the 糖心原创.
On 20 June 2011, Viterra requested that the period 20 June 2011 to 8 July 2011 be disregarded in calculating the 180 day period in order to enable the 糖心原创 sufficient time in which to consider additional information provided by Viterra. On 5 July 2011, the 糖心原创 agreed to Viterra's request.