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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Ports and Maritime Administration
Amendment (Port Competition and
Co-ordination) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Ports and Maritime Administration Act 1995
No 13 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-104-20.d15
New South Wales
Ports and Maritime Administration
Amendment (Port Competition and
Co-ordination) Bill 2008
No , 2008
A Bill for
An Act to amend the Ports and Maritime Administration Act 1995 to make further
provision for the objects and functions of Port Corporations, the powers of the
Minister and the making of regulations with respect to port facilities and services and
the port-related supply chain.
Ports and Maritime Administration Amendment (Port Competition and
Clause 1 Co-ordination) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Ports and Maritime Administration Amendment (Port 3
Competition and Co-ordination) Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Amendment of Ports and Maritime Administration Act 1995 No 13 7
The Ports and Maritime Administration Act 1995 is amended as set out 8
in Schedule 1. 9
4 Repeal of Act 10
(1) This Act is repealed on the day following the day on which all of the 11
provisions of this Act have commenced. 12
(2) The repeal of this Act does not, because of the operation of section 30 13
of the Interpretation Act 1987, affect any amendment made by this Act. 14
Page 2
Ports and Maritime Administration Amendment (Port Competition and
Co-ordination) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
port-related supply chain means land-based services and 5
facilities provided or operated in connection with cargo transport, 6
handling and storage operations (and the co-ordination of those 7
operations) at a port or supply chain facility, or between a port 8
and a supply chain facility. 9
supply chain facility means a public-access facility provided for 10
the storage, handling and distribution of cargo in connection with 11
its transport to or from a port, including facilities for the storage 12
and handling of empty cargo containers and facilities for the 13
staging and exchange of cargo between different modes of 14
transport (such as an intermodal terminal). 15
[2] Section 9 Objectives of Port Corporations 16
Insert at the end of section 9 (c): 17
, and 18
(d) to promote and facilitate a competitive commercial 19
environment in port operations, and 20
(e) to improve productivity and efficiency in its ports and the 21
port-related supply chain. 22
[3] Section 10 Functions of Port Corporations 23
Insert at the end of section 10 (2) (b): 24
, and 25
(c) to facilitate and co-ordinate improvements in the 26
efficiency of the port-related supply chain. 27
[4] Sections 10A and 10B 28
Insert after section 10: 29
10A Ministerial directions to Port Corporation--competition and 30
productivity 31
(1) The Minister may give a Port Corporation directions in relation 32
to the exercise of any of the Corporation's functions in 33
connection with its principal objectives under section 9 (d) and 34
(e). 35
Page 3
Ports and Maritime Administration Amendment (Port Competition and
Co-ordination) Bill 2008
Schedule 1 Amendments
(2) The Minister is to advise the voting shareholders of a Port 1
Corporation of the giving and the terms of any such direction. 2
(3) A Port Corporation is required to comply with a direction under 3
this section. 4
(4) If a Port Corporation considers that complying with any such 5
direction may cause a significant variation in its approved 6
financial outcomes, the Corporation must request the Minister to 7
review the direction. 8
(5) A request for a review must be made within 7 days after the 9
direction is given or within such other reasonable period as the 10
Minister determines. 11
(6) If a Port Corporation requests such a review: 12
(a) the Corporation may request the Minister to provide it with 13
a written record of the direction if it was not given in 14
writing, and 15
(b) the Corporation is not to comply with the direction until 16
notified of the Minister's decision following the review. 17
(7) Following the review, the Minister may confirm or revoke the 18
direction but the Minister is not to confirm the direction unless: 19
(a) the Minister has estimated the variation in the approved 20
financial outcomes from the information supplied by the 21
Port Corporation, and 22
(b) the Minister has referred the matter to the Treasurer, and 23
(c) the Treasurer has approved the direction. 24
(8) The Minister's power to give directions to a Port Corporation 25
under this section is in addition to the power of the Minister to 26
give directions under section 20N, 20O or 20P of the State 27
Owned Corporations Act 1989. Those sections of that Act do not 28
apply to a direction of the Minister if the direction states that it is 29
being given under this section. 30
10B Regulations to promote competition and productivity at ports 31
(1) The regulations may make provision for or with respect to any of 32
the matters set out in Schedule 4 in connection with the operation 33
or provision of land-based port facilities and services and the 34
facilities and services of the port-related supply chain, in relation 35
to the operation of the following ports: 36
(a) Sydney Harbour, 37
(b) Botany Bay, 38
Page 4
Ports and Maritime Administration Amendment (Port Competition and
Co-ordination) Bill 2008
Amendments Schedule 1
(c) Newcastle, 1
(d) Port Kembla. 2
(2) This section does not authorise the making of regulations with 3
respect to the operation of any railway outside a port or supply 4
chain facility. 5
(3) A regulation under this section may create an offence punishable 6
by a penalty not exceeding 500 penalty units. 7
[5] Section 101 8
Omit the section. Insert instead: 9
101 Offences 10
(1) Proceedings for an offence against this Act or the regulations are 11
to be disposed of summarily before: 12
(a) a Local Court, or 13
(b) the Supreme Court in its summary jurisdiction. 14
(2) If proceedings are brought before a Local Court, the maximum 15
monetary penalty that the Local Court may impose for the 16
offence is 100 penalty units, despite any higher maximum 17
monetary penalty provided in respect of the offence. 18
[6] Schedule 4 19
Insert after Schedule 3: 20
Schedule 4 Regulations to promote competition 21
and productivity at ports 22
(Section 10B) 23
1 Information for monitoring performance and investment 24
Requiring (or authorising the Minister to require) a person who 25
operates or provides land-based port facilities or services or 26
facilities and services of the port-related supply chain to provide 27
a Port Corporation or other specified person with information 28
relating to the operation or provision of those facilities or 29
services, for the purpose of facilitating the monitoring of any of 30
the following: 31
(a) performance and efficiency in the operation or provision of 32
those facilities or services, 33
(b) capital investment in connection with the operation or 34
provision of those facilities or services. 35
Page 5
Ports and Maritime Administration Amendment (Port Competition and
Co-ordination) Bill 2008
Schedule 1 Amendments
2 Mandatory standards 1
Setting (including authorising the Minister to set) standards 2
(referred to in this Schedule as mandatory standards) in 3
connection with the operation or provision of land-based port 4
facilities and services or facilities and services of the port-related 5
supply chain, including (without limitation) mandatory standards 6
relating to any of the following: 7
(a) performance in the delivery and use of services, 8
(b) access to facilities and services, 9
(c) handling capacity of facilities and services, 10
(d) co-ordination of the delivery of services in the port-related 11
supply chain. 12
3 Reporting on compliance with mandatory standards 13
Requiring (including authorising the Minister to require) the 14
operator or provider of land-based port facilities or services or 15
facilities and services of the port-related supply chain to keep 16
records and provide information (including reports) to the 17
Minister or a Port Corporation, to facilitate the monitoring of 18
compliance with mandatory standards. 19
4 Verifying compliance with mandatory standards 20
Verifying compliance with mandatory standards, including 21
(without limitation): 22
(a) requiring the auditing of compliance, and 23
(b) authorising entry onto and inspection of any premises or 24
facilities at a port or supply chain facility to facilitate 25
verification of compliance. 26
5 Compliance incentives and penalties 27
(1) Providing incentives to encourage compliance with mandatory 28
standards and imposing sanctions and penalties for any failure to 29
comply with mandatory standards, including (without 30
limitation): 31
(a) creating offences for any failure to comply with mandatory 32
standards, and 33
(b) requiring the payment of and providing for the recovery of 34
financial penalties in connection with a failure by any 35
participant in the port-related supply chain to comply with 36
the mandatory standards, and 37
Page 6
Ports and Maritime Administration Amendment (Port Competition and
Co-ordination) Bill 2008
Amendments Schedule 1
(c) providing for any financial penalty payable in connection 1
with a failure to comply with a mandatory standard to be 2
collected by a Port Corporation on behalf of the person to 3
whom the penalty is payable for payment to that person, to 4
facilitate the due payment and recovery of penalties and 5
the reconciliation of penalty liabilities. 6
(2) In this clause: 7
financial penalty means a monetary penalty payable by a 8
participant in the port-related supply chain to another participant 9
in the port-related supply chain in connection with a failure to 10
comply with a mandatory standard. 11
participant in the port-related supply chain means a person who 12
operates or makes use of any facility, or who provides or makes 13
use of any service, in the port-related supply chain. 14
6 Supply chain charges 15
Regulating (or authorising the Minister to regulate) the charges 16
(supply chain charges) that may be imposed for or in connection 17
with the operation or provision of facilities or services of the 18
port-related supply chain at a port or supply chain facility, 19
including (without limitation): 20
(a) setting maximum supply chain charges, and 21
(b) regulating the manner in which supply chain charges are to 22
be set or determined (for example, by providing for 23
charges to be set by means of an auction or other 24
market-based pricing mechanism), and 25
(c) specifying or otherwise determining the persons by whom 26
supply chain charges are payable, and 27
(d) regulating the collection and recovery of supply chain 28
charges, and 29
(e) prohibiting the imposition, collection or recovery of 30
supply chain charges contrary to the regulations. 31
Page 7
Ports and Maritime Administration Amendment (Port Competition and
Co-ordination) Bill 2008
Schedule 1 Amendments
7 Disclosure of information 1
Authorising, prohibiting and otherwise regulating the publication 2
or disclosure of information provided in response to a 3
requirement imposed by or under a regulation under this 4
Schedule. 5
Page 8
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