TOPIC: Streamlined Wheat Port Code announced

DISTRIBUTION: GTA Members – primary contact list. Please circulate to all appropriate internal parties

1. Purpose

To advise Grain Trade Australia (GTA) Members that the Australian Government has released a streamlined “Wheat Port Code” (WPC).

2. Released by Government

On 17 September, Julie Collins, Minister for Agriculture, Fisheries and Forestry (DAFF) issued a statement regarding Delivering a streamlined Wheat Port Code, which will commence on 1 October 2026 and remain in place for three years.

The temporary Code follows the Government’s acceptance of the recent review finding that the existing Wheat Port Code is no longer fit for purpose. It provides an interim regulatory framework while the grain industry develops an agreed model for self-regulation.

The streamlined Code retains several key protections, including:

  • obligations on port terminal service providers and exporters to deal in good faith;
  • timely publication of port loading statements;
  • publication of port loading protocols for managing demand; and
  • publication of standard terms and reference prices.

At the same time, it removes much of the detailed and prescriptive access regulation contained in the current Code.

GTA welcomes the certainty provided by the interim arrangements and the Government’s continued support for the potential to transition to industry self-regulation.

3. Background

DAFF reviewed the WPC in 2023/24, before its legislative expiry in October 2024. The review was to assess whether the WPC is still fit for purpose.

In September 2024, the Government extended the WPC until 1 October 2026.

GTA asked Members to provide feedback on the WPC Review, allowing GTA to clearly communicate to the Government the industry position.

4. Next steps

GTA and the industry Working Group will continue developing an industry-managed Port Protocol. The objective is to reach broad industry agreement on an effective model that maintains appropriate transparency, good-faith conduct and dispute-management arrangements without unnecessary regulatory burden.

Once agreed by industry, GTA intends to present the Port Protocol model to Government and propose it as an option to replace the temporary regulatory approach. The Government has indicated an industry model may be considered before the end of the new Code’s three-year term.

Further updates and opportunities to engage in the development of an industry-managed Port Protocol will be provided to Members as this work progresses.

 

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