the risks in relation to the contract and under what circumstances and through what mechanism the original terms of the contract can be altered39; • All participants, including producers should clearly understand at the time of contracting what the risk and its implications are in the event of production difficulties and the inability to fulfil contract obligations due to reduced or failed production; • Where variations to the contract are agreed, these should be confirmed in writing between the parties in a clear and transparent manner; • Parties to a GTA contract should reference the GTA Dispute Resolution Service in all contracts; and • Parties to contracts incorporating the GTA Trade Rules are obliged to refer any dispute to GTA for settlement under the GTA Dispute Resolution Service. Buyers and other industry participants will implement the following protocols: • Publish all fees and charges associated with any products or services in a transparent and clear manner. This will be achieved by buyers posting all fees and charges on their respective websites and/or making such information freely available upon application; • Deduct statutory and industry levies40 and end point royalties41, as required by law or contract and remit same to the relevant agency (e.g., Plant Breeder's Rights); and • Post all grain prices exclusive of GST. 2.7.6 Grain Pool Providers Industry participants who offer grain pools must adhere to the protocols as detailed in the TGD Number 4 - Operating Standards for Pool Providers42. 2.7.7 Data Management Industry will manage the capture, processing and transfer of data as it relates to grain quality, contracts and various other commercial activities: • At a minimum, data to be captured and records maintained by the company should include those required for compliance with contractual and regulatory requirements and industry standards, including for the purposes of traceability; • The use of electronic means to capture data is preferred over manual processes; • The use of automated processes to capture and transfer data to participants along the supply chain is encouraged; • Data is captured and stored for periods relevant to its use and purpose; • Information technology systems used by industry or where relevant if reliant on third parties, will ensure at all times that data integrity, security and any commercially sensitive data is maintained as needed; • Industry is encouraged to use common data management systems, terminology, reference material, codes and transfer mechanisms to assist data transfer along the supply chain. These may include GTA generated reference material where available; 23 39 https://graintrade.org.au/fact-sheets-publications/ 40 https://www.agriculture.gov.au/agriculture-land/farm-food-drought/levies 41 http://varietycentral.com.au/ 42 TGD no.4 for pool providers = https://graintrade.org.au/technical-guidelines-documents/
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