Escalation of Container Detention Concerns - FTA/APSA Meet with ACCC Commissioner

Freight & Trade Alliance (FTA) and the Australian Peak Shippers' Association (APSA) have received a growing number of member reports highlighting questionable container detention charging practices — including the application of fees in circumstances where delays or constraints have been demonstrably beyond the control of importers, exporters, freight forwarders, and logistics providers.

FTA and APSA recently met with the Australian Competition and Consumer Commission (ACCC) Commissioner Anna Brakey, to discuss the highly anticipated 2025 ACCC Container Stevedoring Monitoring Report and reiterate key concerns previously raised by industry regarding Detention charging practices, Terminal Access Charges (TAC), and Empty Container Park (ECP) notification fees.

This high-level engagement reinforces FTA/APSA's ongoing commitment to advocating for a fair, transparent, and sustainable operating environment across Australia's ports and logistics networks.

Container Detention Charging Practices

Members continue to report cases where detention fees have been applied despite clear evidence of operational or infrastructure constraints that have prevented the timely return of containers.

In a number of instances, shipping lines have maintained that delays or impediments at terminals and ECPs fall outside their control, even though those terminals and ECPs are facilities of their own contractual choosing. This position leaves importers, exporters, freight forwarders, and logistics providers unfairly exposed to additional costs arising from circumstances over which they have no influence.

Furthermore, there are examples where detention fees have continued to be applied even after terminals have acknowledged operational disruptions and waived corresponding container storage charges — a clear inconsistency that underscores the need for greater alignment and accountability.

Whilst there is no suggestion of contractual breaches, the application of detention fees in these circumstances does not adequately reflect operational realities, including vessel delays, restricted terminal access, and limited container park capacity.

FTA and APSA emphasised to the ACCC the need for greater transparency, accountability, and consistency in the way detention fees are applied and disputed. As part of this dialogue, we referenced the United States' Ocean Shipping Reform Act of 2022 (OSRA) and related Federal Maritime Commission (FMC) reforms, which also prohibit the charging of detention during periods when container parks or terminals are closed or otherwise inaccessible, and establish clear avenues for shippers to contest unfair or unreasonable practices through the FMC's complaint and enforcement processes.

These reforms provide an important international benchmark, highlighting the need for Australian policy settings to ensure that detention fees align with genuine commercial accountability and are not imposed where operational constraints make compliance impracticable.

Terminal Access Charges (TACs) and Empty Container Park (ECP) Notification Fees

We also raised growing concerns over escalating Terminal Access Charges (TAC) and Empty Container Park (ECP) notification fees:

• Terminal Access Charges (TAC): Over the past four years, stevedores have collected over $2 billion in incontestable TACs across Australia's major ports. Increases of over 10% will take effect in early 2026, compounding years of significant hikes. These charges are unavoidable, with transport operators denied the choice of which facilities to use - effectively making the industry price takers.

• Empty Container Park (ECP) Notification Fees: Fees have surged from $5.50 per container upon implementation to current averages in excess of $120 nationally, with some container parks now exceeding $250 per container. Over six years, these fees are estimated to have cost the industry in excess of an $1.38 billion.

These ongoing discussions with the ACCC reinforce the shared commitment of APSA and FTA to ensure Australian shippers, importers, and freight forwarders operate within a fair and competitive trading environment. 

Feedback

We invite members to submit examples of container detention fee applications that appear inconsistent with operational realities. Please remove or anonymise any commercially sensitive information before sending. Submissions will be treated in confidence, used only to develop aggregated, de-identified case studies to support FTA/APSA's ongoing advocacy and policy engagement.
Should you wish to contribute, please submit any examples to us via email.