New South Wales Consolidated Acts

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 10A

10A Ministerial directions to Port Corporation-competition and productivity

(1) The Minister may give a Port Corporation directions in writing in relation to the exercise of any of the Corporation’s functions in connection with its principal objectives under section 9 (d) and (e).

(2) The Minister is to advise the voting shareholders of a Port Corporation of the giving and the terms of any such direction.

(3) A Port Corporation is required to comply with a direction under this section.

(4) If a Port Corporation considers that complying with any such direction may cause a significant variation in its approved financial outcomes, the Corporation must request the Minister to review the direction.

(5) A request for a review must be made within 7 days after the direction is given or within such other reasonable period as the Minister determines.

(6) If a Port Corporation requests such a review:

(a) the Corporation may request the Minister to provide it with a written record of the direction if it was not given in writing, and

(b) the Corporation is not to comply with the direction until notified of the Minister’s decision following the review.

(7) Following the review, the Minister may confirm or revoke the direction but the Minister is not to confirm the direction unless:

(a) the Minister has estimated the variation in the approved financial outcomes from the information supplied by the Port Corporation, and

(b) the Minister has referred the matter to the Treasurer, and

(c) the Treasurer has approved the direction.

(8) The Minister’s power to give directions to a Port Corporation under this section is in addition to the power of the Minister to give directions under section 20N, 20O or 20P of the State Owned Corporations Act 1989 . Those sections of that Act do not apply to a direction of the Minister if the direction states that it is being given under this section.