PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 82 Power of Minister to require information

PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 82

82 Power of Minister to require information

(1) The Minister may by direction in writing given to the port operator of a port to which this Part applies require the port operator to provide the Minister with specified information about any of the following in respect of service charges charged or proposed to be charged by the port operator:

(a) the amount of a particular charge,

(b) the purpose and function of a particular charge,

(c) the administration of a particular charge.

(2) A direction under this section is not to be given unless the Minister is satisfied that:

(a) provision of the information is reasonably necessary for achieving the scheme objective, and

(b) the likely cost to the port operator of complying with the direction is not disproportionate to the benefit that provision of the information will provide for achieving the scheme objective.

(3) A direction under this section must be in writing and specify:

(a) the manner and form in which the required information is to be provided, and

(b) a reasonable time within which the required information is to be provided.

(4) Compliance with a direction under this section is required even if compliance would breach a duty of confidentiality.

(5) The provision of information that would otherwise constitute a breach of a duty of confidentiality does not constitute such a breach if the information is provided in compliance with a direction under this section.