Footnotes

Chapter 1

[1]        Journals of the Senate, 2014, p. 1583.

[2]        These reports are available from the committee's website: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Rural_and_Regional_Affairs_and_Transport/Completed_inquiries (accessed 22 May 2015).

[3]        Legislative authority for the Regulation: sections 51AE and 139G of the Competition and Consumer Act 2010 (Cth) and section 12(1) of the Wheat Export Marketing Act 2008.

[4]        Subclauses 5(1), 5(4) and 5(5) of the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat) Regulation 2014.

[5]        See, for example, Senate Hansard, 4 March 2015, p. 1216. Subordinate legislation may not be amended by the Senate but can be disallowed. As the disallowance motion was negatived, the full regulation remains in force. For more information regarding the disallowance process, see the Brief Guide to Senate Procedure No. 19 - Disallowance, available online: https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Brief_Guides_to_Senate_Procedure/No_19 (accessed 28 May 2015).

[6]        Senate Standing Committee on Regulations and Ordinances, Disallowance Alert 2014, available online: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Regulations_and_Ordinances/Alerts/alert2014 (accessed 28 May 2015).

[7]        See, for example, Senate Hansard, 4 March 2015, pp 1209-1216.

[8]        Explanatory Statement, Select Legislative Instrument No. 136, 2014, Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, p. 1.

[9]        Explanatory Statement, Select Legislative Instrument No. 136, 2014, Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, p. 1.

[10]      Explanatory Statement, Select Legislative Instrument No. 136, 2014, Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, p. 2.

[11]      Glencore Grain and Viterra, Submission 15, p. 8.

[12]      New South Wales Farmers' Federation, Submission 16, p. 13.

[13]      Victorian Farmers' Federation, Submission 13, p. 5.

[14]      Victorian Farmers' Federation, Submission 13, p. 6.

[15]      Mr Rod Sims, Chairman of the Australian Competition and Consumer Commission, Committee Hansard, 5 February 2015, p. 1.

[16]      Mr Rod Sims, Chairman of the Australian Competition and Consumer Commission, Committee Hansard, 5 February 2015, p. 1.

[17]      Senator the Hon Michaelia Cash, Senate Hansard, 4 March 2015, p. 1212. See also, clause 5(1) of the Select Legislative Instrument No. 136, 2014, Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014.

[18]      Mr John Douglas Snooke, Chairman, Grain Growers Committee, Pastoralists and Graziers Association of Western Australia, Committee Hansard, 5 February 2015, p. 23.

[19]      Dr Andrew Crane, Chief Executive Officer, CBH Group, Committee Hansard, 5 February 2015, p. 27.

[20]      Dr Andrew Crane, Chief Executive Officer, CBH Group, Committee Hansard, 5 February 2015, pp 36-37.

[21]      Mr Christopher Aucote, General Manger, Bunge Agribusiness Australia Pty Ltd, Committee Hansard, 5 February 2015, p. 42. Bunge Agribusiness noted it did not always have the access it needed due to the high demand at peak times, but this was not due to anti-competitive behaviour.

[22]      Mr Rod Sims, Chairman, Australian Competition and Consumer Commission, Committee Hansard, 5 February 2015, p. 2.

[23]      Mr Kimberly James Simpson, President, Western Australia Farmers' Federation, Committee Hansard, 5 February 2015, p. 15.

[24]      Subclause 5(5), Select Legislative Instrument No. 136, 2014, Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014.

[25]      Subclause 5(4), Select Legislative Instrument No. 136, 2014, Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014.

[26]      Senator the Hon Michaelia Cash, Senate Hansard, 4 March 2015, p. 1212.

[27]      Senator the Hon Doug Cameron, Senate Hansard, 4 March 2015, p. 1211.

[28]      See for example, Glencore Grain and Viterra, Submission 15, p. 5; Grain Growers Ltd, Submission 6; Victorian Farmers' Federation (Grains Group), Submission 13, p. 4, GrainCorp, Submission 9, p. 1.

[29]      Western Australian Farmers' Federation, Submission 13.

[30]      Dr Andrew Crane, Chief Executive Officer, CBH Group, Committee Hansard, 5 February 2015, p. 38; Mr Kimberly James Simpson, President, Western Australia Farmers' Federation, Committee Hansard, 5 February 2015, pp 14-15, and Dr Andrew Crane, Chief Executive Officer, CBH Group, Committee Hansard, 5 February 2015, p. 34. See also, CBH Group, Submission 10, pp 14-15.

[31]      For example, Bunge Agribusiness has built a small facility in Bunbury, WA, to ensure security through the supply chain: Mr Christopher Aucote, General Manger, Bunge Agribusiness Australia Pty Ltd, Committee Hansard, 5 February 2015, p. 44. New ports have also opened up in Brisbane, Newcastle and Melbourne: CBH Group, Submission 10, p. 11.

[32]      Mr Christopher Aucote, General Manger, Bunge Agribusiness Australia Pty Ltd, Committee Hansard, 5 February 2015, p. 41.

[33]      See, for example, Mr Wayne Hayward; Submission 3; Mr Malcolm Wythes, Submission 5, Mr Duncan and Ms Anna Giles, Submission 7, and Mrs Trudy Ryan, Submission 8. Submitters suggested that a failure to address this activity would mean that some farmers would stop selling to smaller traders, resulting in a decrease of competition in the market and called for a range of reforms, including shorter payment terms and business credit insurance.

[34]      CropLife Australia, Submission 4, p. 1.

[35]      Intensive Livestock Sector, Submission 1; Australian Lot Feeders' Association, Submission 2.

[36]      Grain Growers Ltd, Submission 6, p. 10.

[37]      Grain Trade Australia, Submission 11, p. 7.

[38]      Pastoralists and Graziers Association of WA, Submission 12, and Western Australian Farmers Federation, Submission 13.