(1) The Minister may, by legislative instrument, declare that a specified facility is an inland terminal for the purposes of this Part.
(2) The facility must be in Australia, but outside a designated port area.
(3) In making a declaration under subsection (1), the Minister must have regard to the following matters:
(a) whether the facility is under the control of a person who is, or of persons each of whom is:
(i) an ocean carrier; or
(ii) a person who provides services at the facility at the request of an ocean carrier;
(b) whether the facility is used for either or both of the following purposes:
(i) assembling export cargoes for transport to a port terminal located at the port where the cargoes are to be loaded onto ships for export;
(ii) delivering imported cargoes to importers or their representatives;
(c) any other matters that the Minister thinks are relevant.
(4) In making a declaration under subsection (1), the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
(5) A declaration under subsection (1) has effect accordingly.