HARBORS AND NAVIGATION ACT 1993 - SECT 28F
HARBORS AND NAVIGATION ACT 1993 - SECT 28F
28F—Power to deal with non-compliance
(1) The Minister may
take disciplinary action against a port operator for non-compliance with a
port operating agreement or this Act.
(2) The disciplinary
action may consist of—
(a) a
reprimand; or
(b) a
fine not exceeding a limit fixed in the port operating agreement; or
(c)
cancellation of the port operating agreement.
(3) Before the
Minister takes disciplinary action against a port operator under this section,
the Minister must give written notice to the port operator—
(a)
specifying the non-compliance; and
(b)
stating the disciplinary action the Minister proposes to take in respect of
the non-compliance; and
(c)
allowing the port operator a reasonable opportunity to make written
representations.
(4) After considering
the port operator's representations, the Minister may—
(a)
refrain from taking disciplinary action; or
(b) by
written notice to the port operator—
(i)
administer a reprimand; or
(ii)
impose a fine (to be recoverable as a debt due to the
Crown) of an amount stated in the earlier notice or of a lesser amount; or
(iii)
if cancellation of the port operating agreement was
proposed in the earlier notice—
(A) impose a fine not exceeding the maximum
permissible under the port operating agreement; or
(B) cancel the port operating agreement.
(5) A port operator
may apply to the Tribunal under section 34 of the
South Australian Civil and Administrative Tribunal Act 2013 for a review
of a decision of the Minister to take disciplinary action against the
port operator under this section.
(5a) For the purposes
of proceedings before the Tribunal under this section, a panel of assessors
must be established under section 22 of the
South Australian Civil and Administrative Tribunal Act 2013 consisting
of persons with expertise that would be of value to the Tribunal in relation
to the proceedings.
(5b) In any
proceedings under this section, the Tribunal may, if the President of the
Tribunal so determines, sit with 1 or more assessors.
(5c)
Section 37(1)(c)(ii) of the South Australian Civil and Administrative
Tribunal Act 2013 does not apply in relation to a review of a decision of
the Minister to take disciplinary action against a port operator under this
section.
(7) The port operating
agreement may contain provisions governing the exercise of the Minister's
powers under this section.