Consideration of possible recommendation to revoke declaration of service at the Port of Newcastle (Council’s final views)

The Council has received a submission from Port of Newcastle Operations Pty Ltd (PNO) that the Council should recommend under section 44J of the Competition and Consumer Act 2010 (Act) that the designated Minister revoke the declaration of the shipping channel service at the Port of Newcastle.

The Council considers that the designated Minister is the Commonwealth Minister in accordance with section 44D(1) of the Act.

A copy of PNO’s submission is available for download below.


The shipping channel service at the Port of Newcastle was declared by the Australian Competition Tribunal on 16 June 2016, following an application from Glencore Coal Pty Ltd for a review of the decision of the designated Minister (then Acting Treasurer, Senator the Hon. Mathias Cormann) made under section 44H of the Act not to declare the service.

The declaration is in effect despite subsequent proceedings brought by PNO in the Full Federal Court and an application from PNO for special leave to appeal to the High Court.

For more information on that matter (including the reasons and final orders of the Tribunal, the orders and reasons of the Full Federal Court, and the transcript of the High Court hearing), please visit the Council’s website at this link.

The current submission from PNO to the Council comes after the commencement of the Competition and Consumer Amendment (Competition Policy Review) Act 2017 in October 2017. This included amendments to Part IIIA of the Act, including material changes to the declaration criteria.

Invitation to make submissions

The Council invites submissions from interested parties on whether the Council should make a revocation recommendation, particularly submissions addressing the declaration criteria in section 44CA of the Act.

Submissions should be accompanied by a cover sheet (available for download below), and should be emailed (in both MS Word and PDF formats) to or mailed in hard copy to:

PON Revocation,

National Competition Council,

GPO Box 250, Melbourne VIC 3001.

Submissions must be received by the Council by 5.00pm on Wednesday 8 August 2018.

Interested parties contemplating making submissions may be assisted by the Council’s guides to making a submission and to the declaration of services.

All submissions will be published on the Council’s website. Parties proposing to submit confidential material should contact the Council prior to doing so.

After considering all submissions, the Council intends to release a statement of its preliminary views and invite further submissions before making its decision whether to make a revocation recommendation to the Commonwealth Minister.

If you wish to receive updates on the progress of this matter, please complete the Registration of Interest form below and email it to the Council. If you have any queries in relation to this matter, you can contact the Council by email on or by telephoning 1800 099 470.


PNO’s submission (PDF, 1.07MB)

Registration of Interest form (RTF, 325 KB)

Submission cover sheet (RTF, 272 KB)