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PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 40E Power to require information to be provided

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 40E

Power to require information to be provided

40E Power to require information to be provided

(1) The port operator of a private port may by direction in writing (an
"information direction" ) require any of the following persons to provide relevant information to the port operator:
(a) the master of any ship that berths at the port or adjacent port facilities,
(b) a shipping agent for goods shipped to, from or within the port or adjacent port facilities,
(c) a consignor or consignee of goods shipped to, from or within the port or adjacent port facilities,
(d) an operator of stevedoring or other facilities at the port or adjacent port facilities.
(2) Information is
"relevant information" if it is information that the port operator reasonably requires for any of the following allowable purposes:
(a) monitoring compliance with port operator directions,
(b) determining liability for and the amount of, and facilitating the collection of, port charges,
(c) compiling statistics that the port operator is authorised or required to compile,
(d) co-ordinating communication at the port,
(e) any purpose prescribed by the regulations in connection with the operation and management of the port.
(3) An information direction must allow a reasonable period of not less than 14 days for compliance with the direction unless the direction is given in response to an emergency or to avert an imminent threat of death or serious injury to persons or serious damage to property (in which case compliance is required as soon as reasonably practicable).
(4) In this section,
"adjacent port facilities" means any wharf adjacent to the waters of a private port.