{"id":"maritime-services-access-act-2000","name":"Maritime Services (Access) Act 2000","slug":"maritime-services-access-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105915,"registerId":"sa-maritime-services-access-act-2000-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Maritime Services (Access) Act 2000","content":"South Australia\nMaritime Services (Access) Act 2000\nAn Act to provide for access to South Australian ports and maritime services on fair commercial terms; to provide for price regulation of essential maritime services; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects\n4\tInterpretation\n5\tProclaimed ports\nPart 2—Regulation of maritime industries\nDivision 1—Essential maritime industries\n6\tCertain maritime industries to be regulated industries\nDivision 2—Pilotage\n8\tObligation to maintain a current schedule of pilotage charges\nDivision 3—General functions of Commission in relation to maritime industries\n8A\tEnforcement of Act\n9\tGeneral functions of Commission\nPart 3—Access to maritime services at proclaimed ports\nDivision 1—Regulated port operators\n10\tRegulated port operators\nDivision 2—Basis of access\n11\tAccess on fair commercial terms\nDivision 3—Negotiation of access\n12\tPreliminary information to assist proponent to formulate proposal\n13\tProposal for access\n14\tDuty to negotiate in good faith\n15\tExistence of dispute\nDivision 4—Conciliation\n16\tSettlement of dispute by conciliation\n17\tVoluntary and compulsory conferences\nDivision 5—Reference of dispute to arbitration\n18\tPower to refer dispute to arbitration\n19\tApplication of Commercial Arbitration Act 1986\nDivision 6—Parties and representation\n20\tParties to the arbitration\n21\tRepresentation\n22\tCommission's right to participate\nDivision 7—Conduct of arbitration\n23\tArbitrator's duty to act expeditiously\n24\tHearings to be in private\n25\tProcedure on arbitration\n26\tProcedural powers of arbitrator\n27\tPower to obtain information and documents\n28\tConfidentiality of information\n29\tProponent's right to terminate arbitration before an award is made\n30\tArbitrator's power to terminate arbitration\nDivision 8—Awards\n30A\tTime limit for arbitration\n31\tFormal requirements related to awards\n32\tPrinciples to be taken into account by arbitrator\n33\tIncidental legal effect of awards\n34\tConsent awards\n35\tProponent's option to withdraw from award\n36\tTermination or variation of award\nDivision 9—Enforcement of award\n37\tContractual remedies\n38\tInjunctive remedies\n39\tCompensation\nDivision 10—Appeals and costs\n40\tAppeal from award on question of law\n41\tCosts\nDivision 11—Segregation of accounts\n42\tAccounts and records relating to the provision of regulated services\nDivision 12—Expiry of this Part\n43\tReview and expiry of Part\nPart 4—Miscellaneous\n44\tHindering access\n45\tVariation or revocation of proclamations\n46\tTransitional provision\n47\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Maritime Services (Access) Act 2000.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto provide access to maritime services on fair commercial terms; and\n\t(b)\tto facilitate competitive markets in the provision of maritime services through the promotion of the economically efficient use and operation of, and investment in, those services; and\n\t(c)\tto protect the interests of users of essential maritime services by ensuring that regulated prices are fair and reasonable having regard to the level of competition in, and efficiency of, the regulated industry; and\n\t(d)\tto ensure that disputes about access are subject to an appropriate dispute resolution process.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nassociate—see subsection (2);\nCommission means the Essential Services Commission established under the Essential Services Commission Act 2002;\ncustomer means a person who seeks the provision of a maritime service;\nessential maritime industry means an industry of providing an essential maritime service or essential maritime services;\nessential maritime service means a maritime service consisting of—\n\t(a)\tproviding or allowing for access of vessels to a proclaimed port; or\n\t(b)\tproviding port facilities for loading or unloading vessels at a proclaimed port; or\n\t(c)\tproviding berths for vessels at a proclaimed port;\ninterested third party—see section 14;\nmaritime industry means an industry of providing a maritime service or maritime services;\nmaritime service means a service provided on a commercial basis of any of the following kinds:\n\t(a)\tproviding or allowing for access of vessels to a proclaimed port;\n\t(b)\ta pilotage service facilitating access to a proclaimed port;\n\t(c)\tproviding berths for vessels at a proclaimed port;\n\t(d)\tproviding port facilities for loading or unloading vessels at a proclaimed port;\n\t(e)\tproviding for the storage of goods at a proclaimed port;\n\t(f)\tproviding access to land in connection with the provision of services of any of the kinds mentioned above,\nbut does not include any of the following:\n\t(g)\ta towage service for facilitating access to a proclaimed port;\n\t(h)\ta bunkering service provided at a proclaimed port;\n\t(i)\ta service for the provisioning of vessels (including the supply of electricity and water) within a proclaimed port;\n\t(j)\ta service for the removal of waste from vessels at a proclaimed port;\nport facility means buildings, wharves and jetties, plant and equipment (but not stevedoring plant and equipment) at a proclaimed port for carrying on a business of providing a maritime service and includes natural and artificial elements or aspects of a harbour on which a proclaimed port is established that are relevant to such a business;\npricing determination means a determination under the Essential Services Commission Act 2002 regulating prices, conditions relating to prices and price-fixing factors for goods and services;\nproclaimed port means a port declared by proclamation to be subject to this Act;\nregulated operator or operator means a person who is subject to the access regime prescribed by this Act;\nregulated services means services declared by proclamation to be regulated services under section 10.\n\t(2)\tTwo persons are associates of each other if—\n\t(a)\tthey are related bodies corporate within the meaning of the Corporations Law; or\n\t(b)\tone is a body corporate and the other is a director or secretary of the body corporate; or\n\t(c)\tthey are members of the same partnership or joint venture; or\n\t(d)\tone is a trustee and the other is a beneficiary of the same trust; or\n\t(e)\tthere is an agreement, arrangement or understanding (whether enforceable or not) under which—\n\t(i)\tone acts in accordance with the directions, instructions or wishes of the other; or\n\t(ii)\tif one or both are bodies corporate—a majority of the directors of one act in accordance with the directions, instructions or wishes of the other,\n(other than an agreement, arrangement or understanding entered into in the ordinary course of business for the supply of goods or services); or\n\t(f)\tthe regulations declare them to be associates for the purposes of this Act; or\n\t(g)\ta chain of associations can (by applying any one or more of the above provisions) be traced between them through another person or other persons.\n5—Proclaimed ports\n\t(1)\tThe Governor may, by proclamation, declare any one or more of the following ports to be subject to this Act:\n\t(a)\tPort Adelaide;\n\t(b)\tPort Giles;\n\t(c)\tWallaroo;\n\t(d)\tPort Pirie;\n\t(e)\tPort Lincoln;\n\t(f)\tThevenard;\n\t(g)\tany other port declared by regulation to be capable of being brought within the application of this Act.\n\t(2)\tA proclamation under this section may define the boundaries of the proclaimed port.\nPart 2—Regulation of maritime industries\nDivision 1—Essential maritime industries\n6—Certain maritime industries to be regulated industries\n\t(1)\tEssential maritime industries are regulated industries for the purposes of the Essential Services Commission Act 2002.\n\t(2)\tThe Commission is authorised to make a price determination under Part 3 of the Essential Services Commission Act 2002 relating to essential maritime industries.\n\t(3)\tA price determination authorised by subsection (2) must specify an expiry date that is not later than the date on which the prescribed period in which the determination takes effect ends.\n\t(5)\tFor the purposes of the Essential Services Commission Act 2002 a person to whom the control and management of a port is assigned by a port operating agreement under the Harbors and Navigation Act 1993 will be regarded as a licensed entity.\n\t(6)\tThe Commission's powers and responsibilities are not affected by this section except to the extent expressly provided.\n\t(7)\tIn this section—\nprescribed period means—\n\t(a)\tthe period ending 30 October 2012; and\n\t(b)\teach successive period of 5 years thereafter.\nDivision 2—Pilotage\n8—Obligation to maintain a current schedule of pilotage charges\n\t(1)\tA person who carries on a business involving the provision of pilotage services in relation to a proclaimed port must—\n\t(a)\tmaintain a schedule of current pilotage charges; and\n\t(b)\tprovide, at the request of a member of the public, a copy of the current schedule.\nMaximum penalty: $2 500.\n\t(2)\tBefore a person who carries on business involving the provision of pilotage services changes pilotage charges, the person must give the Commission—\n\t(a)\ta copy of the proposed new schedule of pilotage charges; and\n\t(b)\ta description of the changes and the reasons for them.\nMaximum penalty: $2 500.\nDivision 3—General functions of Commission in relation to maritime industries\n8A—Enforcement of Act\nThe Commission has the function of monitoring and enforcing compliance with this Act.\n9—General functions of Commission\n\t(1)\tThe Commission must keep maritime industries under review with a view to determining whether regulation (or further regulation) is required under the Essential Services Commission Act 2002.\n\t(2)\tThe Commission may—\n\t(a)\tdevelop and issue standards to be complied with in the provision of a maritime service; and\n\t(b)\trevise standards issued under this section from time to time.\n\t(3)\tA standard issued by the Commission under this section is for the guidance of those engaged in maritime industries and does not have the force of law.\n\t(4)\tHowever, if such a standard is promulgated as a regulation it has the force of law and contravention of the standard attracts a penalty fixed in the regulations.\nPart 3—Access to maritime services at proclaimed ports\nDivision 1—Regulated port operators\n10—Regulated port operators\nA person (a regulated operator) is subject to the access regime prescribed by this Act if the person carries on a business of providing maritime services at a proclaimed port that are declared by proclamation to be regulated services.\nDivision 2—Basis of access\n11—Access on fair commercial terms\n\t(1)\tA regulated operator must provide regulated services on terms—\n\t(a)\tagreed between the operator and the customer; or\n\t(b)\tif they do not agree, on fair commercial terms determined by arbitration under this Act.\n\t(2)\tA term as to the price at which regulated services are to be provided will be regarded as a fair commercial term if the price is regulated by a pricing determination under the Essential Services Commission Act 2002 and the term is consistent with that determination.\nDivision 3—Negotiation of access\n12—Preliminary information to assist proponent to formulate proposal\n\t(1)\tA regulated operator must, at the request of a person who intends to ask the operator to provide a regulated service (the intending proponent), provide the intending proponent with—\n\t(a)\tinformation reasonably requested about—\n\t(i)\tthe extent to which the regulated operator's port facilities subject to the access regime are currently being utilised; and\n\t(ii)\ttechnical requirements that have to be complied with by persons for whom the operator provides regulated services; and\n\t(iii)\tthe rules with which the intending proponent would be required to comply; and\n\t(b)\tthe information about the price of regulated services provided by the operator that is required to be provided under guidelines issued by the Commission.\n\t(2)\tIf the operator requires, an intending proponent must pay a reasonable charge fixed by the operator for the supply of information requested under this section.\n13—Proposal for access\n\t(1)\tA person who wants a regulated service (the proponent) may make a written proposal to a regulated operator setting out proposed terms and conditions for the provision of the maritime service.\n\t(2)\tA proposal may provide for—\n\t(a)\tthe modification of port facilities on land occupied by the operator for the purpose of providing the relevant service; or\n\t(b)\tthe establishment of additional port facilities on land occupied by the operator for the purpose of providing the relevant service.\n\t(3)\tIf the operator requires, a proponent must provide further information about the proponent's proposal that the operator reasonably requires in order to give the information for which the proponent has asked.\n\t(4)\tThe operator must, within one month after the relevant day—\n\t(a)\tgive written notice of the proposal to—\n\t(i)\tthe Commission; and\n\t(ii)\tany person (an affected third party) whose rights would be affected by implementation of the proposal; and\n\t(b)\tnotify the proponent of the name and address of any affected third party and give the proponent a preliminary indication about—\n\t(i)\twhether the operator is prepared to provide the regulated service sought in the proposal and, if so, on what terms and conditions; and\n\t(ii)\tif some alteration of, or addition to, existing facilities would be necessary to provide the services, whether the operator would agree to the alteration or addition and, if so, on what terms.\n\t(5)\tThe relevant day is the day on which the written proposal is made to the operator, or if the operator requires further information under subsection (3), the day on which that information is provided.\n\t(6)\tNotice of an access proposal may be given to affected third parties by publishing a notice in a newspaper circulating generally in the State stating—\n\t(a)\tthe name of the proponent and an address at which the proponent may be contacted; and\n\t(b)\tthe name of the operator and an address at which the operator may be contacted; and\n\t(c)\tthe general nature of the access proposal.\n\t(7)\tA regulated operator may recover the reasonable costs of giving notice under this section, as a debt, from the proponent.\n14—Duty to negotiate in good faith\n\t(1)\tThe operator and any interested third parties must negotiate with the proponent in good faith and on the basis that the proponent's reasonable requirements are to be accommodated as far as practicable.\n\t(2)\tAn interested third party is an affected third party who, by notice given to the proponent or the operator, indicates its interest in the negotiations.\n15—Existence of dispute\n\t(1)\tIf, within 30 days after the proposal is made, the operator, the proponent and any interested third parties have not agreed on terms for the provision of the proposed service, a dispute exists.\n\t(2)\tA party to the dispute may refer the dispute to the Commission.\nDivision 4—Conciliation\n16—Settlement of dispute by conciliation\n\t(1)\tIf a dispute is referred to the Commission, the Commission must, in the first instance, attempt to resolve the dispute by conciliation.\n\t(2)\tThe Commission need not attempt to resolve a dispute by conciliation if, in the Commission's opinion—\n\t(a)\tthe subject-matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(b)\tthe parties have not negotiated in good faith.\n\t(3)\tIn attempting to resolve a dispute by conciliation, the Commission must have regard to the same factors as would be relevant in an arbitration of the dispute.\n17—Voluntary and compulsory conferences\n\t(1)\tThe Commission may call voluntary or compulsory conferences of the parties to the dispute to explore the possibility of resolving the dispute by agreement.\n\t(2)\tThe Commission, or a nominee of the Commission, will preside at any such conference.\n\t(3)\tA party to a dispute who is asked by the Commission to attend a conference under this section must attend the conference if the Commission indicates in the request that attendance is compulsory.\nMaximum penalty: $20 000.\nDivision 5—Reference of dispute to arbitration\n18—Power to refer dispute to arbitration\n\t(1)\tIf a dispute is not resolved by conciliation after the Commission has made reasonable attempts to do so, or if it appears unlikely that a dispute can be resolved by conciliation, or, in any event, if the dispute is not resolved within 6 months after the referral of the dispute to the Commission under section 16, the Commission may refer the dispute to arbitration.\n\t(2)\tThe Commission need not refer a dispute to arbitration if, in the Commission's opinion—\n\t(a)\tthe subject-matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(b)\tthe parties have not negotiated in good faith; or\n\t(c)\tthere are other good reasons why the dispute should not be referred to arbitration.\n\t(3)\tThe arbitrator is to be a person selected by the Commission after consultation with the parties to the dispute and must be a person who—\n\t(a)\tis independent of the parties to the dispute; and\n\t(b)\tis not subject to the control or direction of the South Australian Government in any capacity; and\n\t(c)\tis properly qualified to act in the resolution of the dispute; and\n\t(d)\thas no direct or indirect interest in the outcome of the dispute.\n\t(5)\tIf for some reason an arbitrator does not complete an arbitration, the Commission may, after consultation with the parties, make a fresh appointment.\n19—Application of Commercial Arbitration Act 1986\nThe Commercial Arbitration Act 1986 applies to an arbitration under this Act to the extent that it may operate consistently with the provisions of this Act.\nDivision 6—Parties and representation\n20—Parties to the arbitration\nThe parties to the arbitration are—\n\t(a)\tthe proponent, the operator and any interested third parties; and\n\t(b)\tany other person whose interests may be materially affected by the outcome of the arbitration and who is joined as a party to the arbitration by the arbitrator.\n21—Representation\nA party to an arbitration may be represented by a lawyer or, by leave of the arbitrator, another representative.\n22—Commission's right to participate\n\t(1)\tThe Commission may participate in arbitration proceedings under this Act.\n\t(2)\tIf the Commission participates, the Commission may call evidence and make representations on the questions subject to the arbitration.\nDivision 7—Conduct of arbitration\n23—Arbitrator's duty to act expeditiously\nAn arbitrator must proceed with the arbitration as quickly as the proper investigation of the dispute, and the proper consideration of all matters relevant to the fair determination of the dispute, allow.\n24—Hearings to be in private\n\t(1)\tArbitration proceedings must be conducted in private unless all parties agree to have the proceedings conducted in public.\n\t(2)\tAn arbitrator may give directions about who may be present at arbitration proceedings conducted in private.\n\t(3)\tIn giving directions under subsection (2), the arbitrator must have regard to the wishes of the parties and the need for commercial confidentiality.\n\t(4)\tA person must comply with a direction under subsection (2).\nMaximum penalty: $20 000.\n\t(5)\tIf the arbitrator considers it in the public interest to do so, the arbitrator may give public notice of the outcome of an arbitration.\n25—Procedure on arbitration\n\t(1)\tAn arbitrator—\n\t(a)\tis not bound by technicalities, legal forms or rules of evidence; and\n\t(b)\tmay obtain information on matters relevant to the dispute in any way the arbitrator thinks appropriate.\nExample—\nThe arbitrator may, for example, conduct proceedings by—\n\t•\ttelephone; or\n\t•\tclosed circuit television; or\n\t•\tother means of communicating at a distance.\n\t(2)\tAn arbitrator may require the presentation of evidence or argument in writing and may decide matters on which the arbitrator will hear oral evidence or argument.\n26—Procedural powers of arbitrator\n\t(1)\tAn arbitrator may—\n\t(a)\tgive procedural directions;\n\t(b)\tmake orders requiring—\n\t(i)\tthe delivery of documents clarifying the issues between the parties;\n\t(ii)\tthe discovery and inspection of documents;\n\t(c)\tsit at any time or place;\n\t(d)\tadjourn the arbitration proceedings from time to time and from place to place;\n\t(e)\trefer a matter to an expert for report, and accept the expert's report in evidence;\n\t(f)\tdo anything else necessary for the expeditious hearing and determination of the dispute.\n\t(2)\tAn arbitrator may hear two or more proceedings relating to the same general subject matter together.\n\t(3)\tAn arbitrator may proceed with arbitration proceedings in the absence of a party if the party has been given at least 14 days notice of the proceedings.\n\t(4)\tAn arbitrator may engage a lawyer to provide advice on the conduct of the arbitration and to assist the arbitrator in drafting the award.\n27—Power to obtain information and documents\n\t(1)\tIf an arbitrator has reason to believe that a person is in a position to give information or to produce documents, that may be relevant to the dispute, the arbitrator may, by written notice—\n\t(a)\trequire the person within a period stated in the notice—\n\t(i)\tto give the arbitrator a written statement of specified information; or\n\t(ii)\tto produce to the arbitrator specified documents or copies of specified documents; or\n\t(b)\trequire the person to appear before the arbitrator at a specified time and place to give evidence.\n\t(2)\tA written statement must, if the arbitrator so requires, be verified by statutory declaration of the person providing the information or, if the person is a body corporate, an appropriate officer of the body corporate.\n\t(3)\tIf documents are produced to an arbitrator, the arbitrator may—\n\t(a)\ttake possession of, make copies of, and take extracts from, the documents; and\n\t(b)\tkeep the documents for as long as is necessary for the purposes of the arbitration.\n\t(4)\tA person must—\n\t(a)\tcomply with a requirement of the arbitrator under subsection (1) or (2); and\n\t(b)\tif the person is required to appear as a witness before the arbitrator—comply with further requirements to make an oath or affirmation, or to answer questions.\nMaximum penalty: $20 000.\n\t(5)\tHowever, a person need not give information or produce a document if—\n\t(a)\tthe information or the contents of the document are the subject of legal professional privilege, or would tend to incriminate the person of an offence; and\n\t(b)\tthe person objects to giving the information or producing the document by giving written notice of the ground of the objection to the arbitrator or, if the person is appearing as a witness before the arbitrator, by an oral statement of the ground of objection.\n28—Confidentiality of information\n\t(1)\tA person who gives the arbitrator information, or produces documents, may ask the arbitrator to keep the information or the contents of the documents confidential.\n\t(2)\tThe arbitrator may, after considering representations from the parties, impose conditions limiting access to, or disclosure of, the information or documentary material.\n\t(3)\tA person must not contravene a condition imposed under subsection (2).\nMaximum penalty: $75 000.\n29—Proponent's right to terminate arbitration before an award is made\n\t(1)\tThe proponent may terminate the arbitration before an award is made.\n\t(2)\tThe arbitration is terminated under this section by giving notice of termination to—\n\t(a)\tthe Commission; and\n\t(b)\tthe arbitrator; and\n\t(c)\tthe other parties to the arbitration.\n30—Arbitrator's power to terminate arbitration\n\t(1)\tAn arbitrator may at any time terminate an arbitration without making an award if the arbitrator is satisfied—\n\t(a)\tthe subject matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(b)\tthe proponent has not engaged in negotiations in good faith; or\n\t(c)\tthe terms and conditions on which the maritime service is to be provided should continue to be governed by an existing contract or award.\n\t(2)\tBefore terminating an arbitration under this section, the arbitrator must give the Commission an opportunity to make representations on the matter.\nDivision 8—Awards\n30A—Time limit for arbitration\n\t(1)\tAn award must be made within the period of 6 months from the date on which the dispute is referred to arbitration (the standard period).\n\t(2)\tHowever, if after the commencement of the standard period the arbitrator exercises a power under this Part in relation to the provision of information or documents, any period between the date of the exercise of the power and the date of compliance is not to be taken into account when determining the end date of the standard period.\n31—Formal requirements related to awards\n\t(1)\tAn award must—\n\t(a)\tbe in writing; and\n\t(b)\tset out the reasons on which it is based; and\n\t(c)\tspecify the period for which it remains in force.\n\t(2)\tThe arbitrator must, within 7 days after an award is made, give a copy of the award to—\n\t(a)\tthe Commission; and\n\t(b)\tthe parties to the award.\n32—Principles to be taken into account by arbitrator\n\t(1)\tIn deciding on the terms of an award, the arbitrator should take into account—\n\t(a)\tthe operator's legitimate business interest and investment in the port or port facilities; and\n\t(b)\tthe costs to the operator of providing the service (including the costs of any necessary modification to, or extension of, a port facility) but not costs associated with losses arising from increased competition in upstream or downstream markets; and\n\t(c)\tthe economic value to the operator of any additional investment that the proponent or the operator has agreed to undertake; and\n\t(d)\tthe interests of all persons holding contracts for use of any relevant port facility; and\n\t(e)\tfirm and binding contractual obligations of the operator or other persons (or both) already using any relevant port facility; and\n\t(f)\tthe operational and technical requirements necessary for the safe and reliable provision of the service; and\n\t(g)\tthe economically efficient operation of any relevant port facility; and\n\t(h)\tthe benefit to the public from having competitive markets; and\n\t(i)\tthe pricing principles specified in subsection (2).\n\t(2)\tThe pricing principles relating to the price of access to a service are as follows:\n\t(a)\tthat access prices should allow multi‑part pricing and price discrimination when it aids efficiency;\n\t(b)\tthat access prices should not allow a vertically integrated operator to set terms and conditions that would discriminate in favour of its downstream operations, except to the extent that the cost of providing access to others would be higher;\n\t(c)\tthat access prices should provide incentives to reduce costs or otherwise improve productivity.\n33—Incidental legal effect of awards\n\t(1)\tAn award may vary the rights of other customers of the operator under existing contracts or awards if—\n\t(a)\tthose customers will continue to be able to meet their reasonably anticipated requirements measured at the time when the dispute was notified to the Commission; and\n\t(b)\tthe terms of the award provide appropriate compensation for loss or damage (if any) suffered by those customers as a result of the variation of their rights.\n\t(2)\tAn award may require the operator to extend, or permit the extension of, the port facilities under the operator's control if—\n\t(a)\tthe extension is technically and economically feasible and consistent with the safe and reliable operation of the facilities; and\n\t(b)\tthe operator's legitimate business interests in the port facilities are protected; and\n\t(c)\tthe terms on which the service is to be provided to the proponent take into account the costs and the economic benefits to the parties of the extension.\n34—Consent awards\nIf—\n\t(a)\tthe parties to an arbitration consent to a proposed award; and\n\t(b)\tthe arbitrator is satisfied that the award is appropriate in the circumstances,\nthe arbitrator may make an award in the terms proposed.\n35—Proponent's option to withdraw from award\n\t(1)\tA proponent may, within 7 days after the making of an award or such further time as the Commission may allow, elect not to be bound by the award by giving written notice of the election to the Commission.\n\t(2)\tThe Commission must, within 7 days after receiving a notice of election under subsection (1), notify the operator and the other parties to the arbitration.\n\t(3)\tIf the proponent elects not to be bound by an award—\n\t(a)\tthe award is rescinded; and\n\t(b)\tthe proponent is precluded from making another proposal related to the same matter for 2 years from the date the notice of election was given unless the operator agrees or the Commission authorises a further proposal within that period.\n\t(4)\tAn authorisation under subsection (3)(b) may be given on conditions the Commission considers appropriate.\n36—Termination or variation of award\n\t(1)\tAn award may be terminated or varied by agreement between all parties to the award.\n\t(2)\tA variation may include an extension of the period for which the award remains in force.\n\t(3)\tIf a material change in circumstances occurs, a party to an award may propose termination or variation of the award.\n\t(4)\tThe provisions of this Part about an access proposal and the arbitration of a dispute arising from an access proposal apply with necessary modifications to a proposal made under this section or a dispute arising out of such a proposal.\nDivision 9—Enforcement of award\n37—Contractual remedies\nAn award is enforceable as if it were a contract between the parties to the award.\n38—Injunctive remedies\n\t(1)\tThe Supreme Court may grant an injunction—\n\t(a)\trestraining a person from contravening an award; or\n\t(b)\trequiring a person to comply with an award.\n\t(2)\tThe power of the Court to grant an injunction restraining a contravention of an award may be exercised—\n\t(a)\twhether or not the defendant has previously contravened the relevant provision of the award; and\n\t(b)\twhether or not there is imminent danger of substantial damage to any person.\n\t(3)\tThe power of the Court to grant an injunction requiring compliance with an award may be exercised—\n\t(a)\twhether or not the defendant has previously failed to comply with the relevant provision of the award; and\n\t(b)\twhether or not there is imminent danger of substantial damage to any person.\n\t(4)\tThe Court may grant an interim injunction under this section.\n\t(5)\tAn application for an injunction under this section may be made by—\n\t(a)\tthe Commission; or\n\t(b)\ta person with a proper interest in whether the relevant provision is complied with.\n\t(6)\tThe Court may grant an injunction by consent without inquiring into the merits of the application.\n\t(7)\tIf the Commission makes an application for an injunction, the Court cannot require the Commission or any other person to give an undertaking about damages as a condition of granting the injunction.\n\t(8)\tThe Court may, on application by the Commission or an interested party, discharge or vary an injunction.\n39—Compensation\n\t(1)\tIf a person contravenes an award, the Supreme Court may, on application by the Commission or an interested person, order compensation of persons who have suffered loss or damage as a result of the contravention.\n\t(2)\tAn order may be made under this section against the person who contravened the provision and others involved in the contravention.\n\t(3)\tA person is involved in the contravention of an award if the person—\n\t(a)\taided, abetted, counselled or procured the contravention; or\n\t(b)\tinduced the contravention through threats or promises or in some other way; or\n\t(c)\twas knowingly concerned in, or a party to, the contravention; or\n\t(d)\tconspired with others to contravene the award.\nDivision 10—Appeals and costs\n40—Appeal from award on question of law\n\t(1)\tAn appeal lies to the Supreme Court from an award, or a decision not to make an award, on a question of law.\n\t(2)\tOn an appeal, the Court may exercise one or more of the following powers:\n\t(a)\tvary the award or decision;\n\t(b)\trevoke the award or decision;\n\t(c)\tmake an award or decision that should have been made in the first instance;\n\t(d)\tremit the matter to the arbitrator for further consideration or re-consideration;\n\t(e)\tmake incidental or ancillary orders (including orders for costs).\n\t(3)\tAn award or decision of an arbitrator cannot be challenged or called in question except by appeal under this section.\n\t(4)\tUnless the Court specifically decides to suspend the operation of an award until the determination of an appeal, an appeal does not suspend the operation of an award.\n41—Costs\n\t(1)\tThe costs of an arbitration are to be borne by the parties in proportions decided by the arbitrator, and in the absence of a decision by the arbitrator, in equal proportions.\nExample—\nIf the arbitrator were of the opinion that a party had failed to comply with the duty to negotiate in good faith, the arbitrator could order that party to bear the costs of the arbitration in their entirety.\n\t(2)\tHowever, if a proponent terminates an arbitration or elects not to be bound by an award, the proponent must bear the costs in their entirety.\n\t(3)\tThe costs of an arbitration are recoverable as a debt.\nDivision 11—Segregation of accounts\n42—Accounts and records relating to the provision of regulated services\n\t(1)\tA regulated operator must keep accounts and records relating to the provision of regulated services separately from accounts and records related to other aspects of the business or businesses carried on by the operator.\n\t(2)\tIf regulated services are provided at different ports, separate accounts must be kept for each port.\n\t(3)\tThe accounts and records must be prepared and maintained in accordance with guidelines issued by the Commission.\n\t(4)\tA regulated operator must, at the request of the Commission, make the accounts and records available for inspection by the Commission.\nDivision 12—Expiry of this Part\n43—Review and expiry of Part\n\t(2)\tThe Commission must, within the last year of each prescribed period, conduct a review of the industries subject to this Part to determine whether this Part should continue to apply to those industries.\n\t(3)\tThe Commission must give reasonable notice of the review, by publishing a notice in a manner and form determined by the Commission to be most appropriate in the circumstances, inviting written submissions on the matters under review within a reasonable time specified for the purpose in the notice.\n\t(4)\tThe Commission must consider submissions made in response to the notice and other submissions made in the course of other forms of public consultation undertaken by the Commission in connection with the review.\n\t(5)\tOn completing the review, the Commission must forward to the Minister a report on the review and the conclusions reached by the Commission as a result of the review and, in particular, must recommend either—\n\t(a)\tthat this Part should continue in operation for a further prescribed period; or\n\t(b)\tthat this Part should expire at the end of the existing prescribed period.\n\t(6)\tThe Minister must have copies of the report laid before both Houses of Parliament and must have the Commission's recommendation published in the Gazette.\n\t(7)\tThis Part expires at the end of a prescribed period unless—\n\t(a)\tthe Commission has, in the report of a review conducted during the prescribed period, recommended that it should continue in operation for a further prescribed period; and\n\t(b)\ta regulation has been made extending the period of its operation accordingly.\n\t(8)\tIn this section—\nprescribed period means—\n\t(a)\tthe period ending 30 October 2012; and\n\t(b)\teach successive period of 5 years thereafter.\nPart 4—Miscellaneous\n44—Hindering access\nA person must not prevent or hinder a person who is entitled to a maritime service from access to that service.\nMaximum penalty: $20 000.\n45—Variation or revocation of proclamations\n\t(1)\tA proclamation under this Act may, on the recommendation of the Commission, be varied or revoked by a subsequent proclamation.\nException—\nThe proclamation fixing the commencement date of this Act cannot be varied or revoked after that date.\n\t(2)\tA proclamation under this Act may confer discretionary powers on the Commission or any other person.\n46—Transitional provision\n\t(1)\tAn agreement or award in force under the South Australian Ports (Bulk Handling Facilities) Act 1996 immediately before the commencement of this Act is, as from the commencement of this Act, taken to be an agreement or award under this Act.\n\t(2)\tDespite any other law, an agreement entered into before the commencement of this Act between a Minister or instrumentality of the Crown and a user of maritime services under which the user is entitled to maritime services at a concessional rate continues in force (with necessary adaptations and modifications) until the date of its intended expiry as an agreement between the user and the current provider of the relevant maritime services.\n\t(3)\tA reference in any such agreement to charges fixed under an Act, or by the Minister or an instrumentality of the Crown, for specified services is to be read as a reference to the corresponding prices for the relevant services fixed under a pricing determination.\n\t(4)\tThe pricing determination in relation to essential maritime services made by the Commission under the Essential Services Commission Act 2002 in operation immediately before the commencement of this subsection will expire on 30 October 2012.\n47—Regulations\n\t(1)\tThe Governor may make regulations and proclamations for the purposes of this Act.\n\t(2)\tThe regulations may—\n\t(a)\tconfer discretionary powers on the Commission or any other person;\n\t(b)\timpose fines, not exceeding $2 500, for offences against the regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Maritime Services (Access) Act 2000 amended the following:\nSouth Australian Ports (Bulk Handling Facilities) Act 1996\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2000\n82\n Maritime Services (Access) Act 2000\n14.12.2000\n31.10.2001 (Gazette 25.10.2001 p4686)\n2002\n14\n Essential Services Commission Act 2002\n5.9.2002\nSch 3 (cl 2)—12.9.2002 (Gazette 12.9.2002 p3393)\n2005\n47\n Maritime Services (Access) (Functions of Commission) Amendment Act 2005\n27.10.2005\n15.12.2005 (Gazette 15.12.2005 p4326)\n2009\n21\n Maritime Services (Access) (Miscellaneous) Amendment Act 2009\n4.6.2009\n1.11.2009 (Gazette 29.10.2009 p4983)\n2019\n25\n Statutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 30 (s 58)—3.10.2019: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n15.12.2005\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n15.12.2005\ns 3\namended by 21/2009 s 4\n1.11.2009\ns 4\n\n\ns 4(1)\n\n\nCommission\ninserted by 14/2002 Sch 3 cl 2\n12.9.2002\nIndustry Regulator\ndeleted by 14/2002 Sch 3 cl 2\n12.9.2002\ninitial period of price regulation\ndeleted by 21/2009 s 5\n1.11.2009\npricing determination\namended by 14/2002 Sch 3 cl 2\n12.9.2002\nPt 2\n\n\nPt 2 Div 1\n\n\ns 6\n\n\ns 6(1)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 6(2)\nsubstituted by 21/2009 s 6(1)\n1.11.2009\ns 6(3)\ndeleted by 14/2002 Sch 3 cl 2\n12.9.2002\n\ninserted by 21/2009 s 6(1)\n1.11.2009\ns 6(4)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\ndeleted by 21/2009 s 6(1)\n1.11.2009\ns 6(5)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 6(6)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\namended by 21/2009 s 6(2)\n1.11.2009\ns 6(7)\ninserted by 21/2009 s 6(3)\n1.11.2009\ns 7 before deletion by 21/2009\n\n\ns 7(1)—(5)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 7\ndeleted by 21/2009 s 7\n1.11.2009\nPt 2 Div 2\n\n\ns 8\n\n\ns 8(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\nPt 2 Div 3\nheading amended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 8A\ninserted by 47/2005 s 4\n15.12.2005\ns 9\n\n\ns 9(1)—(3)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\nPt 3\nwill expire: s 43 and Maritime Services (Access) Regulations 2022, r 5\n(30.10.2027)\ns 11\n\n\ns 11(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 12\n\n\ns 12(1)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 13\n\n\ns 13(4)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 15\n\n\ns 15(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 16\n\n\ns 16(1)—(3)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 17\n\n\ns 17(1)—(3)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 18\n\n\ns 18(1)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\namended by 21/2009 s 8(1)\n1.11.2009\ns 18(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 18(3)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\namended by 21/2009 s 8(2)\n1.11.2009\ns 18(4)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\ndeleted by 21/2009 s 8(3)\n1.11.2009\ns 18(5)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\namended by 21/2009 s 8(4)\n1.11.2009\ns 22\n\n\ns 22(1) and (2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 29\n\n\ns 29(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 30\n\n\ns 30(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 30A\ninserted by 21/2009 s 9\n1.11.2009\ns 31\n\n\ns 31(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 32\n\n\ns 32(1)\ns 32 amended and redesignated as s 32(1) by 21/2009 s 10(1), (2)\n1.11.2009\ns 32(2)\ninserted by 21/2009 s 10(2)\n1.11.2009\ns 33\n\n\ns 33(1)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 35\n\n\ns 35(1)—(4)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 38\n\n\ns 38(5), (7) and (8)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 39\n\n\ns 39(1)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 40\n\n\ns 40(4)\ninserted by 21/2009 s 11\n1.11.2009\ns 42\n\n\ns 42(3) and (4)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 43\n\n\ns 43(1)\ndeleted by 21/2009 s 12(1)\n1.11.2009\ns 43(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\namended by 21/2009 s 12(2)\n1.11.2009\ns 43(3)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\nsubstituted by 25/2019 s 58\n3.10.2019\ns 43(4)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 43(5)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\namended by 21/2009 s 12(3), (4)\n1.11.2009\ns 43(6)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 43(7)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\n\namended by 21/2009 s 12(5)—(7)\n1.11.2009\ns 43(8)\ninserted by 21/2009 s 12(8)\n1.11.2009\nPt 4\n\n\ns 45\n\n\ns 45(1) and (2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\ns 46\n\n\ns 46(3)\namended by 21/2009 s 13(1)\n1.11.2009\ns 46(4)\ninserted by 21/2009 s 13(2)\n1.11.2009\ns 47\n\n\ns 47(2)\namended by 14/2002 Sch 3 cl 2\n12.9.2002\nSch\nomitted under Legislation Revision and Publication Act 2002\n15.12.2005\nHistorical versions\nReprint No 1—12.9.2002\n\n15.12.2005\n\n1.11.2009\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. The page returned a server error rather than the Act's content."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the Act's content","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe actual text of the *Maritime Services (Access) Act 2000* (South Australia) could not be retrieved. The link provided returned a **404 'Page Not Found' error** from the South Australian legislation website, likely due to a website migration that occurred around **24 March 2026**.\n\n**What we know from the title alone:**\nThis Act appears to regulate **access to maritime services** in South Australia — likely covering who can use ports, wharves, or maritime infrastructure, and on what terms. Acts of this type typically affect **shipping companies, port operators, commercial vessel operators, and potentially recreational boaties** depending on scope.\n\n**What you should do:**\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for *Maritime Services (Access) Act 2000*\n- Update any bookmarks created before 24 March 2026\n- Contact the Office of Parliamentary Counsel at OPCWeb@sa.gov.au if the page cannot be found"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing access to maritime services on fair commercial terms and regulating prices of essential maritime services. While amendments have updated institutional references (replacing the Industry Regulator with the Essential Services Commission) and refined procedural details (adding time limits for arbitration, updating review mechanisms), the core scope has not expanded beyond maritime access regulation and price oversight."},"complexity_factors":["Extensive cross-referencing to the Essential Services Commission Act 2002 for price regulation mechanisms","Multi-stage dispute resolution process with distinct phases (negotiation → conciliation → arbitration → appeal)","Detailed arbitration procedures spanning 8 divisions (Divisions 5-12 of Part 3) with specific procedural rules, time limits, and evidentiary powers","Complex defined terms including nested definitions ('essential maritime service' is a subset of 'maritime service') and an elaborate 7-part definition of 'associate' involving corporate relationships, partnerships, trusts, and control arrangements","Conditional logic throughout arbitration provisions (e.g., s 18(2) lists 3 separate grounds for refusing arbitration; s 33 allows award to vary existing contracts only if 2 conditions met)","Interaction between contractual, statutory, and common law remedies (awards treated as contracts, plus injunctive relief, plus compensation orders)","Sunset provision with automatic expiry and complex renewal mechanism requiring Commission review, Ministerial tabling, and regulation-making","Transitional provisions preserving pre-existing agreements under repealed legislation with adaptation rules"],"plain_english_summary":"**What this law does:**\n\nThis is a South Australian law that ensures shipping companies and other businesses can get fair access to the State's ports (like Port Adelaide, Port Lincoln, etc.) and maritime services. It stops port operators from blocking competitors or charging unfair prices.\n\n**Who it affects:**\n\n*   **Port operators** – companies that run ports and provide services like berths (parking spots for ships), loading/unloading facilities, and access to harbours\n*   **Shipping companies and cargo owners** – businesses that need to use ports to move goods\n*   **The Essential Services Commission** – the government body that oversees the system, monitors prices, and resolves disputes\n\n**Key features:**\n\n*   **Fair access:** Port operators must provide services on \"fair commercial terms\" – either agreed between the parties or decided by an independent arbitrator if they can't agree\n*   **Price regulation:** The Commission can set maximum prices for essential services (like basic port access and facilities) to prevent gouging\n*   **Dispute resolution:** If a business can't negotiate access with a port operator, there's a formal process involving conciliation (mediation) and then arbitration (a binding decision by an independent expert)\n*   **Transparency:** Operators must publish pilotage (navigation assistance) charges and provide information to potential customers\n*   **Sunset clause:** The main access regime automatically expires every 5 years unless renewed, forcing regular reviews of whether it's still needed\n\n**Why it matters:**\n\nBefore this law, a port operator with a monopoly could refuse access to competitors or charge excessive fees, hurting competition and driving up costs for consumers. This law ensures ports remain open to all comers on reasonable terms, promoting efficient markets while protecting the operator's legitimate business interests."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act explicitly allows its geographic and service scope to be altered by proclamation or regulation (s 5, ss 45, 47) and requires periodic review and automatic expiry of the access Part unless extended (s 43). The legislative history in the text records later amendments that altered definitions, Commission functions and procedural elements, so the Act's scope and operational detail have been made variable since enactment."},"complexity_factors":["Detailed definitions and exceptions for 'maritime service', 'essential maritime service' and 'proclaimed port' (s 4, s 5)","Interaction and delegation of price‑setting and enforcement powers to the Essential Services Commission and the Essential Services Commission Act 2002 (s 6, s 8A)","Multi‑stage dispute resolution process (negotiation, conciliation, compulsory conferences, arbitration) with procedural rules and time limits (ss 12–19, 23–31, 30A)","Arbitrator's powers to compel evidence, impose confidentiality and make awards that alter existing contracts subject to compensation (ss 27–33)","Operator compliance burdens: information duties, account segregation and inspection by the Commission (ss 12, 42)","Enforcement mechanisms spanning contractual remedies, injunctions and court‑ordered compensation with broad standing for the Commission and interested parties (ss 37–39)","Regulatory discretion to add or remove ports and services by proclamation/regulation and to confer powers on the Commission (ss 5, 45, 47)","Periodic review and automatic expiry mechanism for the access Part unless extended (s 43)"],"plain_english_summary":"This Act imposes an access regime at proclaimed South Australian ports: regulated operators must provide declared maritime services on agreed terms or, if no agreement, on fair commercial terms set by arbitration; the Essential Services Commission can set regulated prices and enforce compliance (ss 10–11, 18, 32). The Act's stated aims are to promote efficient investment and competition and to protect users by fair pricing and dispute resolution (s 3); it requires operators to supply information, keep segregated accounts, negotiate in good faith, and face penalties, injunctions or compensation for breaches (ss 12, 42, 14, 38–39)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/maritime-services-access-act-2000","history":"/api/acts/maritime-services-access-act-2000/history","analysis":"/api/acts/maritime-services-access-act-2000/analysis","conflicts":"/api/acts/maritime-services-access-act-2000/conflicts","importantCases":"/api/acts/maritime-services-access-act-2000/important-cases","documents":"/api/acts/maritime-services-access-act-2000/documents"}}