The Australian Competition and Consumer Commission (ACCC) has released a consultation paper proposing to grant CHSB Bulk Terminal Pty Ltd (CHSB) exempt service provider status under the Port Terminal Access (Bulk Wheat) Code of Conduct for its facility at the Port of Geelong.

This exemption would relieve CHSB from complying with Parts 3 to 6 of the Code, which includes obligations to ensure fair access to port terminal services for exporters.

The ACCC believes that CHSB will face significant competitive pressure from GrainCorp Operations Limited and Riordan Grain Services at the Port of Geelong, which should incentivize CHSB to provide fair and transparent access to its services.

The ACCC is inviting submissions from interested parties regarding this proposal, with a deadline set for 14 November 2025, before making a final decision.

The Wheat Port Code of Conduct, effective since 30 September 2014, aims to regulate bulk grain port terminal service providers to ensure exporters have fair access to services.

While exempt service providers like CHSB would not need to comply with certain obligations, they are still required to engage with exporters in good faith and publish essential information such as port loading statements and procedures.