GTA supporting the grain export container industry New export … · 2016-03-21 · New export...
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New export inspection & certification arrangements for grains GTA Container Forum 2013 Geoff Honey Grain Trade Australia GTA – supporting the grain export container industry GTA Container Forum 2013 Geoff Honey Grain Trade Australia
Transcript of GTA supporting the grain export container industry New export … · 2016-03-21 · New export...
New export inspection &
certification arrangements for grains
GTA Container Forum 2013
Geoff Honey
Grain Trade Australia
GTA – supporting the grain export container industry
GTA Container Forum 2013
Geoff Honey
Grain Trade Australia
The GTA strategy changed
Contracts for the container industry
GTA Dispute Resolution Service
Trade & market access activities
DAFF Biosecurity – GPPEICC
NWPGP/NRS & Out Turn Tolerances
Export Contracts & Documentation Course
Aust. Grain Ind. Code of Practice
Presentation – key topics
Delivered Container Contract (2004)
AQIS Grain Industry Consultative Committee
2008 – increasing support to export activities
International Grain Trade Coalition
Chaired Grains Ministerial Task Force
CIF contract (under development)
Grain & Plant Product Export Ind. Advisory C’ttee
Trade & market access activities
The GTA strategy changed
Developed 2004 – development of
regional packers
Reviewed 2012 – all sections of the
contract reviewed
What are the major issues to be
considered when using this
contract?
Delivered Container Terminal (DCT) Contract
Geoff Farnsworth Macpherson & Kelley Lawyers
John Orr Premium Grain Handlers P/L
Matt Kelly KM & WM Kelly & Sons
Matt Tabor Blue Ribbon Seeds
Shane Wall Pea Growers Co-Operative Ltd
Under development
Cost Insurance Freight (CIF) Contract
Geoff Farnsworth Macpherson and Kelley Lawyers
John Orr Premium Grain Handlers
Nathalie Dufils GrainCorp
Josh Taylor Alfred C. Toepfer International (Australia) Pty Ltd
James Roberts CBH Group
Alister Boyd Cargill
Michael Walsh Cargill
James Maw Glencore
GTA Voyage Charterparty - AusGrain
GTA Voyage Charterparty - AusGrain
Australian Wheat Charter (Austwheat)
Commonly used but out of date.
GTA developed an updated Austwheat charterparty
Released for use by members by June 2013
Port Access Code of Conduct
Port Access Code of Conduct Late 2011 – transition to full deregulation
Port Access Undertakings – ACCC – in place
Move to voluntary Code of Conduct
Feb 2012 – Code Development Committee
Upstaged by government – now:
“Mandatory prescribed” Code of Conduct - ACCC
Becomes Code Development Advisory Committee
GTA Dispute Resolution Service
However, a rant first up
If any of your contracts say
“All other terms as per GTA”
Why?
Well what does
“All other terms as per GTA”
actually mean to a Supreme
Court Judge?
To make it absolutely crystal
clear......insert on the cover page of
the contract the following:
This contract expressly incorporates
the GTA Trade Rules in force at the
date of contract and the GTA
Dispute Resolution Rules in force at
the commencement of the arbitration.
On the website:
Arbitrations numbered: 174, 159, 152, 27, 920
Major issue has been variations on the
theme:
Trying to pass grain quality issues at export
destination back to the DCT seller.
DCT arbitrations
DCT Grain Seller Ltd
DCT Grain Buyer Ltd
Contract 1
Contract 2
Quality issue
DCT Grain Buyer Ltd
Overseas Buyer Ltd
Sells to
Sells to
Arbitrations and the issues:
174 – mouldy oats & underweight container (at final
destination)
159 – chickpeas - quality
152 – barley – quality
27 – lentils – delayed AQIS certification
920 – faba beans - quality
DCT Grain Seller Ltd
DCT Grain Buyer Ltd
Contract 1
Contract 2
Quality issue
DCT Grain Buyer Ltd
Overseas Buyer Ltd
Sells to
Sells to
Claim back to
Attempts to claim back from the
Swedish – en nolla
Italian – uno zero
German – eine Null
Finish – nolla
French – un zero
Japanese – 0
or in case languages aren’t your strong point
English - zero, zip, nought success rate to date against the DCT Seller
So what's the success rate against the DCT Seller?
DCT Grain Seller Ltd
DCT Grain Buyer Ltd
Contract 1
Contract 2
Quality issue
DCT Grain Buyer Ltd
Overseas Buyer Ltd
Sells to
Sells to
Claim back to
Attempts to claim back from the
Export Contracts Arbitration Tribunals
Australian based arbitration
Legal qualifications
Maritime law and/or export grain contracts.
Responsibilities:
Procedural Legal adviser to the Tribunal Convene the hearing/draft award
Trade & Market Access Committee (2010)
Not container specific
Supporting bulk & container exports
International Grain Trade Coalition
International phytosanitary standard
Trans Pacific Partnership
Trade & market access activities
Authorised Officers
Harmonisation pan Australia
Inspection
Certification/administration
Fees & charges
DAFF Biosecurity – GPPEICC
What are the major issues for the
container industry?
DAFF Biosecurity – GPPEICC
What are the major issues for the
container industry?
How successful has been the
introduction of the reforms?
DAFF Biosecurity – GPPEICC
NRS – all packers should be participants
Out Turn Tolerances developed by
NWPGP
GTA acts in a secretariat capacity
NWPGP/NRS & Out Turn Tolerances
Melbourne - 5 & 6 September
Export Contracts & Documentation Course
• On-Farm Activities • Sampling and Testing Grain • Storage Facilities • Chemical Use • Grain Quality Management
• Grain Receival • Grain Quality Management during Storage • Grain Outturn – Domestic • Grain Outturn – Export
• Transport • Marketing • Pools • Training • Complaints
Australian Grain Industry Code of Practice
Discussion/ questions
Concluding remarks
Peter Reading - GTA Chairman
