South Australian Consolidated Acts South Australian Consolidated Acts28F—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 appeal to the Court of Marine Enquiry against the disciplinary action.
(6) On an appeal, the
Court may—
(a)
confirm, vary or reverse the Minister's decision; and
(b) make
any consequential or ancillary order the Court thinks fit.
(7) The port operating
agreement may contain provisions governing the exercise of the Minister's
powers under this section.