{"id":"port-management-act-1995","name":"Port Management Act 1995","slug":"port-management-act-1995","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178745,"registerId":"vic-port-management-act-1995-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"44H","sectionType":"section","heading":"Liability to pay port licence fee 43","content":"44H Liability to pay port licence fee 43\n\n44HA Treasurer may require a one-off upfront licence fee for a period of up to 15 years instead of annual fees for that period 44\n\n44I Amount of port licence fee 44\n\n44J Calculation of port licence fee 45\n\n44K Notice of annual licence fee 46\n\n44L Method of payment of annual licence fee 47\n\n44M Where are port licence fees to be paid? 47\n\n44N Refund of upfront licence fee 48\n\nPart 3—Regulation of port services 50\n\nDivision 1—Preliminary 50\n\n45 Definitions 50\n\n46 Construction of Part 54\n\n47 Application of Part 54\n\n48 Objectives of this Part 55\n\n48A Commission must have regard to objectives of this Part 56\n\n49 Price regulation 56\n\nDivision 2—Port of Melbourne Pricing Order 58\n\n49A Pricing Order 58\n\n49B General powers in relation to a Pricing Order 61\n\n49C Pricing Order must be published in the Government Gazette 61\n\n49D When Pricing Order takes effect 61\n\n49E Limitation on amending or revoking a Pricing Order 61\n\n49F Circumstances in which a Pricing Order may be amended 61\n\n49G Circumstances in which a Pricing Order may be wholly revoked 62\n\n49H Protected provisions cannot be revoked or amended etc. 62\n\nDivision 2A—Monitoring compliance with Pricing Order 63\n\n49I Conduct of reviews into compliance with Pricing Order 63\n\n49J Draft report to be provided to provider of prescribed services 65\n\n49K Giving of show cause notice to non-compliant provider of prescribed services 65\n\n49L Re-regulation recommendation 66\n\n49M Undertakings 67\n\n49N Enforcement of undertakings 68\n\nDivision 2B—Transitional enforcement regime for port of Melbourne operator 69\n\n49O Application of Division 69\n\n49P Enforcement of Pricing Order during Pricing Order transition period 69\n\nDivision 2C—Complaints in relation to provision of prescribed services 70\n\n49Q Person provided prescribed services may complain to ESC in relation to the provision of such services 70\n\nDivision 2D—Competitive neutrality pricing 71\n\nSubdivision 1—Preliminary 71\n\n49R Definitions 71\n\n49S Meaning of *accrual building block methodology* 74\n\n49T Meaning of *State sponsored port* 76\n\n49U Application 78\n\nSubdivision 2—Competitive neutrality pricing obligations 78\n\n49V State sponsored port operator must provide services at not less than competitively neutral prices 78\n\n49W State sponsored port operator must publish relevant service prices 78\n\n49X State sponsored port operator must keep records of relevant service prices 79\n\nSubdivision 3—Investigation and enforcement of competitive neutrality pricing obligations 79\n\n49Y Commission may be requested to inquire into relevant service prices 79\n\n49Z Commission may conduct inquiry into relevant service prices 80\n\n49ZA Commission may determine minimum competitively neutral price for relevant service 81\n\n49ZB Enforcement of Commission determinations 81\n\n","sortOrder":0},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Competitively neutral pricing principles Order 83","content":"Subdivision 4—Competitively neutral pricing principles Order 83\n\n49ZC Competitively neutral pricing principles Order 83\n\n49ZD General powers in relation to competitively neutral pricing principles Order 83\n\n49ZE When a competitively neutral pricing principles Order takes effect 84\n\n49ZF Limitation on amending or revoking a competitively neutral pricing principles Order 84\n\n49ZG Circumstances in which a competitively neutral pricing principles Order may be amended 84\n\n49ZH Circumstances in which a competitively neutral pricing principles Order may be wholly revoked 84\n\nDivision 3—General economic regulation powers 85\n\n53 Conduct of inquiries 85\n\n54 General power to make determinations 88\n\nDivision 3A—Service quality monitoring 90\n\n55 Standards and conditions of service and supply 90\n\nDivision 3B—Information requirements and information disclosure restrictions 91\n\n56 Financial and business records 91\n\n57 Restriction on disclosure of confidential information 93\n\nDivision 5—Port licences 97\n\n63A Provision of prescribed services without licence prohibited 97\n\n63B Exemptions for public sector entities that are not the port of Melbourne operator 97\n\n63C Exemptions by Governor in Council 98\n\n63D Application for port licence 98\n\n63E Grant or refusal of application 99\n\n63F Provisions relating to port licences 99\n\n63G Gazettal requirement in relation to grant of port licence 100\n\n63H Compliance with conditions of port licence 100\n\n63I Variation of port licence 100\n\n63J Revocation of port licence 101\n\n63K Transfer of port licence—on application by port licence holder 101\n\n63L Transfer of port licence—on Minister's initiative 102\n\nDivision 6—Other matters 102\n\n63M Revocation of ESC Price Monitoring Determination when Pricing Order takes effect 102\n\nPart 4—Reservation of land 103\n\nDivision 1—Reservation of land for the purposes of the port of Melbourne 103\n\n64 Power to reserve unalienated Crown land for the purposes of the port of Melbourne 103\n\n65 Station Pier land deemed to be reserved land 105\n\n66 Powers of Ports Victoria in relation to reserved Crown land 105\n\nDivision 4—General 106\n\n72 Registrar of Titles to amend records 106\n\n73 Exemption from stamp duty and other taxes 106\n\nPart 4A—Regulation of provision of towage services 107\n\nDivision 1—Preliminary 107\n\n73A Definitions 107\n\nDivision 2—Towage service determination 108\n\n73B Towage service determination 108\n\n73C Process for making towage service determination 111\n\n73D Entitlement to make submissions 111\n\nDivision 3—Licence required to provide towage service 112\n\n73E What a towage service licence authorises 112\n\n73F Offence to provide towage service without licence 112\n\nDivision 4—Licensing process 112\n\n73G Application 112\n\n73H Determination of application 113\n\n73I Conditions of towage service licence 114\n\n73J Compliance with licence conditions 114\n\n73K Period a towage service licence is in effect 114\n\nDivision 5—Renewal of towage service licence 115\n\n73L Application 115\n\n73M Determination of application 116\n\n73N Towage service licence may be renewed more than once 116\n\nDivision 6—Amendment of licence conditions 117\n\n73O Ports Victoria may amend or remove conditions or impose new conditions 117\n\nDivision 7—Surrender of towage service licence 118\n\n73P Surrender 118\n\nDivision 8—Disciplinary action 118\n\n73Q When Ports Victoria may take disciplinary action against a licence holder 118\n\n73R Disciplinary actions that may be taken in relation to towage service licence 118\n\n73S Procedure for taking disciplinary action—show cause notice 119\n\n73T Ports Victoria may extend time for making submissions in relation to show cause notices 119\n\n73U Decision on taking disciplinary action 120\n\n73V Effect of suspension of towage service licence 121\n\nDivision 9—Internal and VCAT review of decisions 121\n\nSubdivision 1—Interpretation 121\n\n73W Reviewable decisions 121\n\nSubdivision 2—Internal review 123\n\n73X Application for internal review 123\n\n73Y Ports Victoria may stay operation of decision subject to application for internal review 123\n\n73Z Determination of application for internal review 124\n\nSubdivision 3—VCAT review 125\n\n73ZA Review of Ports Victoria decisions by VCAT 125\n\n","sortOrder":1},{"sectionNumber":"Div 10","sectionType":"division","heading":"Miscellaneous 125","content":"Division 10—Miscellaneous 125\n\n73ZB Register of holders of towage service licences 125\n\n","sortOrder":2},{"sectionNumber":"Part 4B","sectionType":"part","heading":"Licensing of the provision of pilotage services in pilot required waters 127","content":"Part 4B—Licensing of the provision of pilotage services in pilot required waters 127\n\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary 127","content":"Division 1—Preliminary 127\n\n73ZC Definitions 127\n\n73ZD Meaning of *applicable standards* 128\n\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Licence required to provide pilotage services 128","content":"Division 2—Licence required to provide pilotage services 128\n\n73ZE What a pilotage services licence authorises 128\n\n73ZF Offence to provide pilotage services without licence 128\n\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Licensing process 129","content":"Division 3—Licensing process 129\n\n73ZG Application 129\n\n73ZH Determination of application 129\n\n73ZI Cancellation or suspension of pilotage services licence 130\n\n73ZJ Surrender of pilotage services licence 130\n\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Pilotage services standards 131","content":"Division 4—Pilotage services standards 131\n\n73ZK Determination of pilotage services standards 131\n\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Internal and VCAT review of decisions 131","content":"Division 5—Internal and VCAT review of decisions 131\n\n","sortOrder":8},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Interpretation 131","content":"Subdivision 1—Interpretation 131\n\n73ZL Reviewable decisions 131\n\n","sortOrder":9},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Internal review 132","content":"Subdivision 2—Internal review 132\n\n73ZM Application for internal review 132\n\n73ZN Ports Victoria may stay operation of decision subject to application for internal review 133\n\n73ZO Determination of application for internal review 133\n\n","sortOrder":10},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"VCAT review 134","content":"Subdivision 3—VCAT review 134\n\n73ZP Review of Ports Victoria decisions by VCAT 134\n\n","sortOrder":11},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous 135","content":"Division 6—Miscellaneous 135\n\n73ZQ Register of holders of pilotage services licences 135\n\n","sortOrder":12},{"sectionNumber":"Part 5","sectionType":"part","heading":"Port fees 136","content":"Part 5—Port fees 136\n\n74AA Definitions 136\n\n74AB Designated State port entities and approved wharfage fees and channel fees 136\n\n74 Wharfage fees—Port of Melbourne 137\n\n74A Wharfage fees—Port of Hastings 139\n\n75 Channel fees 140\n\n78 Payment of wharfage and channel fees 143\n\n79 Interest on overdue payments 144\n\n80 Security for payment of wharfage and channel fees 145\n\n81 Liability of current owners and agents 146\n\n82 Waiver or refund of wharfage or channel fees 147\n\nPart 5A—Powers to restrict access to areas 148\n\nDivision 1—Preliminary 148\n\n83 Definitions 148\n\nDivision 2—Declaration of areas 150\n\n84 Making a declaration of restricted access area 150\n\n85 Effect of declaration 153\n\n86 Provisions as to restricted access area declarations 154\n\n87 Amendment or revocation of declaration 154\n\n88 Publication of declaration 154\n\n88A Operation of declaration where inconsistent with other powers 155\n\nDivision 3—Offences and other enforcement powers in relation to areas 155\n\n88B Offence to enter restricted access area 155\n\n88C Interference with activities 156\n\n88D Offence not to give certain information to police when asked to do so 157\n\n88E Warning to leave area 157\n\n88F Powers to move vessels from areas 158\n\n88G Certificates of authorisation 158\n\n88H Certificate as evidence of area 158\n\nPart 5B—Powers as to certain hazardous or polluting activities or things 159\n\nDivision 1—Preliminary 159\n\n88I Definitions 159\n\nDivision 2—Pollution abatement 159\n\n88J Pollution abatement by Ports Victoria 159\n\n88JA Pollution abatement by port of Melbourne operator 160\n\n","sortOrder":13},{"sectionNumber":"88K","sectionType":"section","heading":"Recovery of costs of clean up by Ports Victoria 161","content":"88K Recovery of costs of clean up by Ports Victoria 161\n\n88KA Recovery of costs of clean up by port of Melbourne operator 161\n\n88L Relationship with the Environment Protection Act 2017 162\n\nDivision 3—Hazardous port activities 162\n\n88M Hazardous port activity notice 162\n\n88N Hazardous port activity direction 163\n\n88O Offence not to comply with hazardous port activity direction 164\n\nDivision 4—Unattended things 164\n\n88AP Definitions 164\n\n","sortOrder":14},{"sectionNumber":"88P","sectionType":"section","heading":"Offence to leave things in port waters or on port land 165","content":"88P Offence to leave things in port waters or on port land 165\n\n88PA Abandoned things 165\n\n88Q Removal of things 166\n\n88R Powers in relation to moving or disposing of things 167\n\n88S Requirement to make enquiries as to owner of thing 167\n\n88T Disposal of thing 168\n\n88U Recovery of costs 169\n\n88V Application of proceeds of sale and compensation 170\n\n88W Proceeds of disposal where owner not located 172\n\nPart 5C—Regulation of activities in the port of Melbourne 174\n\nDivision 1—Preliminary 174\n\n88X Definitions 174\n\nDivision 2—Port operator directions 174\n\n88Y Directions to maintain or improve safety and security 174\n\n88Z How port operator directions are given 175\n\n88ZA Enforcement of port operator directions 176\n\n88ZB Recovery of costs 177\n\n88ZC Advance notice of proposed work 177\n\n88ZD Power of entry 178\n\n88ZE Functions and powers may be performed or exercised by authorised officers 178\n\n88ZF Obstruction of authorised officer 179\n\n88ZG Monitoring of port operator directions 179\n\n88ZH Publication of reports about port operator directions 180\n\nDivision 3—Information gathering by port of Melbourne operator 181\n\n88ZI Power to require information to be provided 181\n\n88ZJ Use and disclosure of information collected 182\n\n88ZK Compliance with information direction 182\n\nDivision 4—Authorised officers 183\n\n88ZL Appointment 183\n\n88ZM Identity cards 184\n\n88ZN Return of identity cards 184\n\n88ZO Production of identity card 184\n\n","sortOrder":15},{"sectionNumber":"Part 6","sectionType":"part","heading":"Harbour masters 186","content":"Part 6—Harbour masters 186\n\nDivision 2—Ports Victoria may request conditions on harbour master licences 187\n\n91AA Ports Victoria may request imposition or variation of condition of harbour master licence 187\n\nPart 6A—Port management plans 189\n\n91A Definition 189\n\n91B Application of other Acts 189\n\n91BA Extended meaning of *port manager* 189\n\n","sortOrder":16},{"sectionNumber":"91C","sectionType":"section","heading":"Port manager's responsibilities for management plans 190","content":"91C Port manager's responsibilities for management plans 190\n\n91CA Safety and environment management planning objectives 192\n\n91D Safety and environment management plans 193\n\n91E Audits of compliance 194\n\n91F When must an audit be conducted? 196\n\n91FA Reports on audits 197\n\n","sortOrder":17},{"sectionNumber":"91G","sectionType":"section","heading":"Ministerial guidelines 197","content":"91G Ministerial guidelines 197\n\n","sortOrder":18},{"sectionNumber":"91H","sectionType":"section","heading":"Ministerial directions 198","content":"91H Ministerial directions 198\n\n91HA Publication of audit 200\n\n91HB Reporting 200\n\n91I Transitional provisions—management plans 201\n\nPart 6B—Port Development Strategy 202\n\n91J Definitions 202\n\n91JA Minister may declare entity to be relevant port authority 203\n\n91K Port Development Strategy 203\n\n91L Consultation requirements 204\n\n91M Guidelines 205\n\n91N Ministerial directions 205\n\nPart 6C—Port of Melbourne Rail Access Strategy 207\n\n91O Definitions 207\n\n91P Meaning of *port rail shuttle* 207\n\n91Q Rail Access Strategy 208\n\n91R Rail infrastructure project options in Rail Access Strategy are major infrastructure projects for the purposes of the Infrastructure Victoria Act 2015 209\n\n91S Consultation 210\n\n91T Guidelines 210\n\n91U Ministerial directions if port of Melbourne operator fails to prepare and submit a Rail Access Strategy 211\n\n91V Ministerial directions if Rail Access Strategy is non‑compliant 211\n\nPart 7—General 213\n\n92 Port corporation may act under certain agreements and instruments 213\n\n93 Amendment of planning schemes 214\n\n94 Liability of officers of bodies corporate 216\n\n95 Service of documents on port corporation 217\n\n96 Treasurer may give guarantee 218\n\n97 Power to prosecute 219\n\n98 Regulations 219\n\nPart 8—Transfer of property by port authorities to certain port corporations 224\n\nDivision 1—Preliminary 224\n\n99 Definitions 224\n\nDivision 2—Transfer by operation of Act 227\n\n100 Transfer of certain port authority property to MPC 227\n\nDivision 3—Transfer by allocation 228\n\n101 Treasurer may direct transfer of property 228\n\n102 Property transferred in accordance with direction 229\n\n103 Allocation of property etc. subject to encumbrances 230\n\n104 Payments in respect of financial obligations 230\n\nDivision 4—General 231\n\n105 Certificate of chief executive officer 231\n\n106 Value of former port authority property 232\n\n107 Substitution of party to agreement 232\n\n108 Former port authority instruments 233\n\n109 Proceedings 233\n\n110 Interests in land 233\n\n111 Amendment of Register 234\n\n112 Taxes 234\n\n113 Evidence 235\n\n114 Validity of things done under this Part 235\n\nDivision 5—Rights as between transferees 236\n\n115 Interim arrangements 236\n\n116 Easements 237\n\nPart 9—Staff of port authorities 239\n\n117 Definitions 239\n\n118 Rights of port authority staff 241\n\n119 Superannuation—continuing membership 243\n\n120 Superannuation—transfer to Local Authorities Superannuation Fund—designated port employees 245\n\n121 Superannuation—change of employment—designated port employees 247\n\n122 Superannuation—contributions—designated port employees 248\n\n123 Superannuation—private sector employment—regional port employees 249\n\n124 Taxes 251\n\n125 Appropriation 251\n\nPart 11—Abolition of port authorities 252\n\n153 Definitions 252\n\n154 Transfer of property to SEC and abolition of port authorities 253\n\n155 Substitution of party to agreement 253\n\n156 Port authority instruments 254\n\n157 Proceedings 254\n\n158 Interests in land 254\n\n159 Amendment of Register 254\n\n160 Taxes 255\n\n161 Evidence 255\n\nPart 12—Transitional provisions—establishment of Port of Melbourne Corporation 256\n\n162 Definitions 256\n\n163 Transfer of property etc. from MPC to the new corporation 256\n\n164 Staff to be transferred from the old corporation to the new corporation 257\n\nPart 13—Transitional provisions—transfer of certain VCA functions etc. 260\n\nDivision 1—Definitions 260\n\n165 Definitions 260\n\nDivision 2—Allocation of property etc. 261\n\n166 Treasurer may direct transfer of property etc. 261\n\n167 Property transferred to the new corporation 262\n\n168 Allocation of property etc. subject to encumbrances 263\n\n169 Substitution of party to agreement 263\n\n170 VCA instruments 263\n\n171 Taxes 264\n\n172 Validity of things done under this Part 264\n\n173 Payments in respect of financial obligations of VCA 265\n\nDivision 3—Staff and other matters 265\n\n174 List of staff to be transferred from VCA to the new corporation 265\n\n175 Terms of employment of staff transferred from VCA to the new corporation 266\n\n176 Price determination 267\n\n176A Saving of port of Melbourne waters 268\n\nPart 14—Transitional provisions—establishment of Port of Hastings Corporation 269\n\n177 Definitions 269\n\n178 Transfer of property etc. from HPHC to the new corporation 269\n\n179 Staff to be transferred from the old corporation to the new corporation 270\n\nPart 15—Transitional provisions—establishment of Victorian Regional Channels Authority 273\n\n180 Definitions 273\n\n181 Transfer of property etc. from VCA to the new corporation 273\n\n182 Staff to be transferred from the old corporation to the new corporation 274\n\nPart 16—Other savings and transitionals 277\n\n183 Savings for existing local authorities 277\n\n184 Provisions of Subordinate Legislation Act 1994 not to apply to certain ports regulations 278\n\n184A Transitional provisions—2012 amendments 278\n\nPart 17—Station Pier—savings and transitional 279\n\n185 Definitions 279\n\n186 Savings and transitional provisions for Station Pier 279\n\n187 Transfer of property etc. from old body to Port of Melbourne Corporation 280\n\nPart 18—Transitional provisions—Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022 282\n\n188 Registered pilotage services providers taken to be issued pilotage services licence 282\n\nSchedule 2 283\n\nSchedule 3—Table 284\n\nEndnotes 285\n\n1 General information 285\n\n2 Table of Amendments 288\n\n3 Explanatory details 296\n\n**Version No.** **087**\n\n**Port Management Act 1995**\n\n**No. 82 of 1995**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":19},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":20},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe main purpose of this Act is—\n\nS. 1(a) substituted by No. 85/2003 s. 3, repealed by No. 45/2010 s. 25.\n\nS. 1(ab) inserted by No. 85/2003 s. 3.\n\n(ab) to provide for the establishment, management and operation of commercial trading ports and local ports in Victoria; and\n\n(b) to provide for the economic regulation of certain port services; and\n\nS. 1(c) amended by No. 63/2007 s. 3.\n\n(c) to provide for the imposition of certain port charges or fees; and\n\n(d) to require the engagement of licensed harbour masters in certain circumstances and set out their functions; and\n\n(e) to provide for the transfer of property, rights and liabilities and the management of Crown land and to make provision with respect to the rights of staff; and\n\n(f) to amend the **Port of Melbourne Authority Act 1958**, the **Port of Geelong Authority Act 1958**, the **Port of Portland Authority Act 1958**, the **Marine Act 1988**, the **Pollution of Waters by Oil and Noxious Substances Act 1986** and the **Dangerous Goods Act 1985**.\n\n","sortOrder":21},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) This Part and section 189(7) and (8) come into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\nS. 2(3) substituted by No. 51/1996 s. 3.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 28 November 1998, it comes into operation on that day.\n\nS. 3  \namended by No. 63/2007 s. 4(2) (ILA s. 39B(1)).\n\n","sortOrder":22},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *abandoned thing* inserted by No. 93/2009 s. 10, substituted by No. 25/2025 s. 23(1).\n\n***abandoned thing*** means a thing that a port manager determines is an abandoned thing in accordance with section 88PA;\n\nS. 3(1) def. of *anchorage* inserted by No. 10/2016 s. 94(2).\n\n***anchorage*** means a place in port waters where vessels may anchor;\n\nS. 3(1) def. of *board* repealed by No. 45/2010 s. 26(a).\n\n***cargo*** includes any substance or article and any container or other item used to contain any substance or article;\n\nS. 3(1) def. of *Central Plan Office* inserted by No. 110/2004 s. 58(a), amended by No. 70/2013 s. 4(Sch. 2 item 38.1), repealed by No. 53/2017 s. 89.\n\nS. 3(1) def. of *channel* substituted by No. 65/2010 s. 418(a).\n\n***channel*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3(1) def. of *channel-dredging activities* inserted by No. 10/2016 s. 94(2).\n\n***channel-dredging activities*** means any of the following activities to enable use of a channel by vessels—\n\n(a) altering, dredging, cleansing, scouring, straightening and improving a channel;\n\n(b) reducing or removing any banks or shoals within a channel;\n\n(c) abating and removing any impediments, obstructions and nuisances in a channel that are injurious to the seabed or that obstruct or tend to obstruct navigation;\n\n(d) placing or disposing of excavated or dredged material resulting from the carrying out of an activity referred to in paragraph (a), (b) or (c);\n\n(e) undertaking any works necessary to place or dispose of excavated or dredged material resulting from the carrying out of an activity referred to in paragraph (a), (b) or (c);\n\nS. 3(1) def. of *channel fee* inserted by No. 63/2007 s. 4(1).\n\n***channel fee*** means a fee under section 75;\n\nS. 3(1) def. of *channel operator* substituted by No. 23/2003 s. 18(b), amended by Nos 85/2003 s. 30(1)(a), 45/2010 s. 26(b), 38/2011 s. 22(1), 10/2016 s. 179(Sch. 1 item 7.1(b)), 19/2022 s. 34(1)(a).\n\n***channel operator*** means—\n\n(a) in the case of port of Melbourne waters, Ports Victoria;\n\n(b) in the case of any other port waters, a person who manages channels in those waters under an agreement with Ports Victoria;\n\nS. 3(1) def. of *coastal vested land* amended by No. 26/2018 s. 97(1).\n\n***coastal vested land*** means—\n\n(a) in relation to PGA, Crown land—\n\n(i) that is vested in PGA and that was so vested by or under the **Port of Geelong Authority Act 1958**; and\n\n(ii) that is marine and coastal Crown land within the meaning of the **Marine and Coastal Act 2018**;\n\n(b) in relation to PPA, Crown land—\n\n(i) that is vested in PPA and that was so vested by or under the **Port of Portland Authority Act 1958**; and\n\n(ii) that is marine and coastal Crown land within the meaning of the **Marine and Coastal Act 2018**—\n\nbut does not include any land vested in PGA or PPA that is declared by Order in Council under section 5(4) not to be coastal vested land for the purposes of this Act;\n\nS. 3(1) def. of *commercial trading port* inserted by No. 85/2003 s. 28(a).\n\n***commercial trading port*** means the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings and any other port declared to be a commercial trading port by Order in Council under section 6;\n\n***development*** includes—\n\n(a) the construction, extension, demolition or removal of a building or works;\n\n(b) the decoration or alteration of the inside or outside of a building or the alteration of works;\n\n(c) the subdivision or consolidation of land, airspace or buildings;\n\n(d) the installation, provision or operation of facilities or services;\n\nS. 3(1) def. of *Director of Marine Safety* inserted by No. 23/2003 s. 18(a), substituted as *Director, Transport Safety* by No. 6/2010 s. 203(1)(Sch. 6 item 36.1(a)) (as amended by No. 45/2010 s. 22), repealed by No. 34/2023 s. 127(Sch. 1 item 9.1(a)).\n\nS. 3(1) def. of *domestic partner* inserted by No. 63/2007 s. 4(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 48.1).\n\n***domestic partner*** of a person  means—\n\n(a) a person who is in a registered relationship with the person; or\n\n(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);\n\nS. 3(1) def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 14.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3(1) def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 14.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3(1) def. of *former SEC* inserted by No. 11/2024 s. 104(c).\n\n***former SEC*** has the same meaning as in section 3(1) of the **Former SEC (Residual Provisions) Act 1958**;\n\nS. 3(1) def. of *harbour master* substituted by No. 9/2004 s. 26, amended by No. 65/2010 s. 418(b).\n\n***harbour master*** has the same meaning as in the **Marine Safety Act 2010**;\n\nS. 3(1) def. of *harbour master licence* inserted by No. 19/2022 s. 34(2).\n\n***harbour master licence*** has the same meaning as in the **Marine Safety Act 2010**;\n\nS. 3(1) def. of *hazardous port activity* inserted by No. 93/2009 s. 10, amended by No. 54/2012 s. 12.\n\n***hazardous port activity*** means any activity involving the following—\n\n(a) the transfer of dry or liquid cargoes to and from vessels or wharves;\n\n(ab) the transfer of liquid fuel or other non‑cargo liquids by flexible hose to and from vessels or wharves;\n\n(b) hot works, being welding, thermal or oxygen cutting or heating or any other heat producing or spark producing activity;\n\nS. 3(1) def. of *HPHC* inserted by No. 63/1997  \ns. 3, repealed by No. 85/2003 s. 29(a).\n\n***instrument*** includes a document and an oral agreement;\n\nS. 3(1) def. of *leased port of Melbourne land* inserted by No. 10/2016 s. 94(2).\n\n***leased port of Melbourne land*** means port of Melbourne land in respect of which the port of Melbourne operator holds a leasehold interest;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\nS. 3(1) def. of *licensed harbour master* amended by Nos 77/2001 s. 32(4)(a)(i), 6/2010 s. 203(1)(Sch. 6 item 36.1(b)) (as amended by No. 45/2010 s. 22), 65/2010 s. 418(b), 34/2023 s. 127(Sch. 1 item 9.1(b)).\n\n***licensed harbour master*** means a harbour master licensed by Safe Transport Victoria under the **Marine Safety Act 2010**;\n\nS. 3(1) def. of *local port* inserted by No. 85/2003 s. 28(a).\n\n***local port*** means a port declared to be a local port by Order in Council under section 6;\n\nS. 3(1) def. of *managed land* repealed by No. 23/2003 s. 3(b).\n\nS. 3(1) def. of *management plan* inserted by No. 85/2003 s. 27.\n\n***management plan*** means a safety management plan or an environment management plan required by section 91C;\n\nS. 3(1) def. of *Marine Board* repealed by No. 77/2001 s. 32(4)(a)(ii).\n\nS. 3(1) def. of *Melbourne port area* repealed by No. 23/2003 s. 3(b).\n\nS. 3(1) def. of *member of the police force* inserted by No. 63/2007 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 128.1(b)).\n\nS. 3(1) def. of *MPC* repealed by No. 23/2003 s. 3(b).\n\nS. 3(1) def. of *navigation aid* substituted by No. 65/2010 s. 418(c).\n\n***navigation aid*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\n***owner***, in relation to a vessel or cargo, means owner within the meaning of section 4;\n\nS. 3(1) def. of *partner* inserted by No. 63/2007 s. 4(1).\n\n***partner*** of a person means the person's spouse or domestic partner;\n\n***PGA*** means Port of Geelong Authority;\n\nS. 3(1) def. of *PMA* repealed by No. 23/2003 s. 3(b).\n\nS. 3(1) def. of *POHC* inserted by No. 85/2003 s. 29(b), repealed by No. 45/2010 s. 26(a).\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 128.1(a)).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *port* inserted by No. 85/2003 s. 28(a).\n\n***port*** means the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings and any other port declared under section 6 in relation to which port lands or port waters or both port lands and port waters have been declared under section 5;\n\nS. 3(1) def. of *Port Act* inserted by No. 63/1997  \ns. 3.\n\n***Port Act*** means the **Port of Geelong Authority Act 1958**, the **Port of Melbourne Authority Act 1958** or the **Port of Portland Authority Act 1958**;\n\n***port authority*** means Port of Melbourne Authority, Port of Geelong Authority or Port of Portland Authority;\n\nS. 3(1) def. of *port authority abolition date* inserted by No. 63/1997  \ns. 3.\n\n***port authority abolition date***, in relation to a port authority, means the date fixed by the Governor in Council by Order under section 153(2) for the purposes of that port authority;\n\nS. 3(1) def. of *port corporation* amended by Nos 51/1996 s. 4, 63/1997  \nss 5(1), 6(1), 23/2003 s. 3(c), 85/2003 ss 29(c), 30(1)(b), 45/2010 s. 26(c), 38/2011 s. 22(2), 10/2016 s. 179(Sch. 1 item 7.1(c)). 19/2022 s. 34(1)(b).\n\n***port corporation*** means Port of Hastings Development Authority or Ports Victoria;\n\nS. 3(1) def. of *port land* amended by No. 23/2003 s. 3(d).\n\n***port land*** means—\n\n(a) in the case of the port of Melbourne, the port of Melbourne land;\n\n(b) in the cases of the port of Geelong, Portland or Hastings, the land declared by Order in Council made under section 5(1) to be the port land of that port;\n\nS. 3(1) def. of *port licence* inserted by No. 10/2016 s. 94(2).\n\n***port licence*** means a licence granted under Division 5 of Part 3;\n\nS. 3(1) def. of *port licence fee* inserted by No. 8/2012 s. 4, substituted by No. 10/2016 s. 94(1)(a).\n\n***port licence fee*** means the fee payable by the port licence holder under Part 2B;\n\nS. 3(1) def. of *port licence holder* inserted by No. 10/2016 s. 94(2).\n\n***port licence holder*** means the holder of a port licence;\n\nS. 3(1) def. of *port manager* inserted by No. 85/2003 s. 28(a).\n\n***port manager*** means—\n\n(a) in the case of a commercial trading port, the person or body who effectively manages, superintends or controls the operation of the port or part of the port, but does not include a tenant or occupier of part of the port unless the tenant or occupier has entered into a port management agreement to manage the operations of that part of the port; or\n\n(b) in the case of a local port, the person or body appointed under section 44A to be the port manager of the port;\n\nS. 3(1) def. of *port of Hastings* inserted by No. 45/2010 s. 26(f).\n\n***port of Hastings*** means port of Hastings land and port of Hastings waters;\n\nS. 3(1) def. of *Port of Hastings Development Authority* inserted by No. 38/2011 s. 22(3).\n\n***Port of Hastings Development Authority*** has the same meaning as in the **Transport Integration Act 2010**;\n\nS. 3(1) def. of *port of Hastings land* inserted by No. 45/2010 s. 26(f).\n\n***port of Hastings land*** means land declared by Order in Council under section 5(1) of the **Port Management Act 1995** to be the port land of the port of Hastings;\n\nS. 3(1) def. of *port of Hastings waters* inserted by No. 45/2010 s. 26(f).\n\n***port of Hastings waters*** means waters declared by Order in Council under section 5(2) of the **Port Management Act 1995** to be the port waters of the port of Hastings;\n\nS. 3(1) def. of *port of Melbourne* inserted by No. 23/2003 s. 3(a), amended by No. 23/2003 s. 18(c).\n\n***port of Melbourne*** means port of Melbourne land and port of Melbourne waters;\n\nS. 3(1) def. of *Port of Melbourne Corporation* inserted by No. 23/2003 s. 3(a), substituted by No. 45/2010 s. 26(d), repealed by No. 10/2016 s. 179(Sch. 1 item 7.1(d)).\n\nS. 3(1) def. of *port of Melbourne land* inserted by No. 23/2003 s. 3(a), amended by Nos 110/2004 s. 58(b), 10/2016 s. 94(1)(b).\n\n***port of Melbourne land*** means land that is in the municipal district of the Melbourne City Council, Maribyrnong City Council, Hobsons Bay City Council or Port Phillip City Council or any land in Port Phillip Bay adjoining one or more of those municipal districts, being—\n\n(a) land—\n\n(i) an interest in which (being an interest that is in the nature of a freehold or leasehold interest or a licence) is held by a public sector entity or the port of Melbourne operator; and\n\n(ii) that is declared by the Order in Council under section 5(1A) to be port of Melbourne land; and\n\n(b) any land that is deemed to be temporarily reserved under the **Crown Land (Reserves) Act 1978** for the purposes of the port of Melbourne by the operation of Part 4;\n\nS. 3(1) def. of *port of Melbourne operator* inserted by No. 10/2016 s. 94(2).\n\n***port of Melbourne operator*** means a person declared under section 4A to be the port of Melbourne operator;\n\nS. 3(1) def. of *port of Melbourne waters* inserted by No. 23/2003 s. 18(a), substituted by No. 85/2003 s. 4.\n\n***port of Melbourne waters*** means any waters which by Order in Council made under section 5(2) are declared to be port waters of the port of Melbourne;\n\n***port operator*** means a person who owns the business of, or is responsible for the management and operations of, the port of Geelong, Portland or Hastings or a berth located in one of those ports but does not include a port authority;\n\nS. 3(1) def. of *port property* inserted by No. 63/1997  \ns. 3, amended by No. 11/2024 s. 104(a).\n\n***port property***, in relation to the former SEC, has the same meaning as in section 85(3) of the **Former SEC (Residual Provisions) Act 1958**;\n\nS. 3(1) def. of *port safety officer* inserted by No. 93/2009 s. 10.\n\n***port safety officer***, in relation to the port of Melbourne, means a person appointed under section 230L of the **Transport Act 1983**;\n\nS. 3(1) def. of *port waters* amended by No. 23/2003 s. 18(d), substituted by No. 85/2003 s. 28(b).\n\n***port waters***, in relation to a port,  means the waters declared by Order in Council under section 5(2) to be port waters of the port;\n\nS. 3(1) def. of *Ports Victoria* inserted by No. 19/2022 s. 34(1)(d).\n\n***Ports Victoria*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\n***PPA*** means Port of Portland Authority;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\nS. 3(1) def. of *provision of channels* inserted by No. 10/2016 s. 94(2).\n\n***provision of channels*** includes carrying out channel-dredging activities;\n\nS. 3(1) def. of *public entity* inserted by No. 10/2016 s. 94(2).\n\n***public entity*** has the same meaning as in the **Public Administration Act 2004**;\n\nS. 3(1) def. of *public sector entity* inserted by No. 10/2016 s. 94(2).\n\n***public sector entity*** has the same meaning as in the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**;\n\nS. 3(1) def. of *quarter* inserted by No. 8/2012 s. 4.\n\n***quarter*** means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June in any year;\n\nS. 3(1) def. of *restricted access area* inserted by No. 63/2007 s. 4(1).\n\n***restricted access area*** means an area that is the subject of a declaration under Division 2 of Part 5A;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\nS. 3(1) def. of *Safe Transport Victoria* inserted by No. 34/2023 s. 127(Sch. 1 item 9.1(c)).\n\n***Safe Transport Victoria*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\nS. 3(1) def. of *SEC* inserted by No. 63/1997  \ns. 3, repealed by No. 11/2024 s. 104(b).\n\nS. 3(1) def. of *Secretary* inserted by No. 93/2009 s. 10, amended by Nos 70/2013 s. 4(Sch. 2 item 38.2), 49/2019 s. 186(Sch. 4 item 34.1), 25/2025 s. 106(Sch. 1 item 33.1).\n\n***Secretary*** means the Department Head, within the meaning of the **Public Administration Act 2004**, of the Department of Transport and Planning;\n\nS. 3(1) def. of *spouse* inserted by No. 63/2007 s. 4(1).\n\n***spouse*** of a person means a person to whom the person is married;\n\nS. 3(1) def. of *Station Pier land* inserted by No. 110/2004 s. 58(a).\n\n***Station Pier land*** means the land shown outlined in black on the plan lodged in the Central Plan Office and numbered OP 119746—A;\n\n***stevedoring*** means the loading or unloading of the cargo of a vessel and incidental activities such as the handling or storage of cargo or stevedoring equipment at the place at which the cargo is loaded or unloaded;\n\nS. 3(1) def. of *unattended thing* inserted by No. 25/2025 s. 23(2).\n\n***unattended thing*** means a thing to which Division 4 of Part 5B applies, and includes an abandoned thing;\n\nS. 3(1) def. of *VCA* substituted by No. 85/2003 s. 30(1)(c).\n\n***VCA*** means the Victorian Channels Authority as in force immediately before the commencement of section 10 of the **Port Services (Port Management Reform) Act 2003**;\n\nS. 3(1) def. of *Victorian Ports Corporation (Melbourne)* inserted by No. 10/2016 s. 179(Sch. 1 item 7.1(a)), repealed by No. 19/2022 s. 34(1)(c).\n\nS. 3(1) def. of *VRCA* inserted by No. 85/2003 s. 30(1)(c), substituted by No. 45/2010 s. 26(e), repealed by No. 19/2022 s. 34(1)(c).\n\nS. 3(1) def. of *vessel* substituted by No. 65/2010 s. 418(d).\n\n***vessel*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3(1) def. of *wharfage fee* inserted by No. 63/2007 s. 4(1).\n\n***wharfage fee*** means a fee under section 74;\n\n***works*** includes—\n\n(a) any change to the natural or existing condition or topography of land;\n\n(b) the removal of vegetation or topsoil;\n\n(c) land reclamation and land decontamination;\n\n(d) the construction, demolition or substantial alteration of any structure in or on land;\n\n(e) dredging.\n\nS. 3(2) inserted by No. 63/2007 s. 4(2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 48.2).\n\n(2) For the  purposes of the definition of ***domestic partner*** in subsection  (1)—\n\n(a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.\n\nS. 3A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 10) (as amended by No. 45/2010 s. 5).\n\n","sortOrder":23},{"sectionNumber":"3A","sectionType":"section","heading":"Transport Integration Act 2010","content":"\t3A Transport Integration Act 2010\n\nThis Act is transport legislation within the meaning of the **Transport Integration Act 2010**.\n\nS. 3B inserted by No. 51/2014 s. 9(Sch. 2 item 14.2).\n\n","sortOrder":24},{"sectionNumber":"3B","sectionType":"section","heading":"Filming Approval Act 2014","content":"\t3B Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\n","sortOrder":25},{"sectionNumber":"4","sectionType":"section","heading":"Owner of vessel or cargo","content":"\t4 Owner of vessel or cargo\n\n(1) A reference in this Act to the owner of a vessel includes a reference to—\n\n(a) a person to whom the vessel belongs; or\n\n(b) a person who has chartered the vessel.\n\n(2) A reference in this Act to the owner of a vessel or cargo includes a reference to any person who, whether on the person's own behalf or on behalf of another—\n\n(a) exercises any of the functions of the owner of the vessel or cargo; or\n\nS. 4(2)(b) amended by Nos 23/2003 s. 17(Sch. item 1), 85/2003 s. 30(2), 10/2016 ss 95, 179(Sch. 1 item 7.2), 19/2022 s. 35.\n\n(b) represents to the port of Melbourne operator, Ports Victoria or a port operator that the person has those functions or accepts the obligation to exercise those functions.\n\n(3) For the purposes of this Act, a person does not cease to be an owner of a vessel because the vessel is mortgaged, chartered, leased or hired to another person.\n\nS. 4A inserted by No. 10/2016 s. 96.\n\n","sortOrder":26},{"sectionNumber":"4A","sectionType":"section","heading":"Declaration of port of Melbourne operator","content":"\t4A Declaration of port of Melbourne operator\n\nThe Minister, by Order published in the Government Gazette, may declare that a person specified in the Order is on and after a date specified in the Order the port of Melbourne operator.\n\n","sortOrder":27},{"sectionNumber":"5","sectionType":"section","heading":"Orders in Council","content":"\t5 Orders in Council\n\nS. 5(1) amended by No. 85/2003 s. 5(1).\n\n(1) The Governor in Council may, by Order published in the Government Gazette, declare any lands, or 2 or more areas of lands, to be the port land of the port of Geelong, the port of Portland, the port of Hastings or any other commercial trading port or a local port.\n\nS. 5(1A) inserted by No. 23/2003 s. 4.\n\n(1A) The Governor in Council may, from time to time, by Order published in the Government Gazette, declare any land, an interest in which (being an interest in the nature of a freehold or leasehold interest or a licence) is held by the Port of Melbourne Corporation, to be port of Melbourne land.\n\nS. 5(2) amended by No. 85/2003 s. 5(1).\n\n(2) The Governor in Council may, by Order published in the Government Gazette, declare any waters, or 2 or more areas of waters, to be the port waters of the port of Melbourne, the port of Geelong, the port of Portland, the port of Hastings or any other commercial trading port or a local port.\n\nS. 5(3) amended by No. 85/2003 s. 5(2).\n\n(3) An Order under subsection (1), (1A) or (2) must contain a description of the port land or port waters that is sufficient to identify it and to define its boundaries.\n\n(4) The Governor in Council may on the recommendation of the Minister administering the **Crown Land (Reserves) Act 1978**, by Order published in the Government Gazette, declare any land vested in PGA or PPA not to be coastal vested land for the purposes of this Act.\n\nS. 5(5) inserted by No. 85/2003 s. 5(3).\n\n(5) The Governor in Council may, by Order published in the Government Gazette, amend a declaration of port lands or a declaration of port waters or a declaration of both port lands and port waters so as to—\n\n(a) include an area of lands and waters or lands or waters in, or exclude an area of lands and waters or lands or waters from, that declaration; or\n\n(b) correct any error in that description of the lands or waters.\n\nS. 5(6) inserted by No. 85/2003 s. 5(3).\n\n(6) A port consists of the area or areas of lands and waters or lands or waters that are from time to time declared in relation to that port by Order of the Governor in Council under this section.\n\nS. 5(7) inserted by No. 85/2003 s. 5(3), amended by Nos 70/2013 s. 4(Sch. 2 item 38.3), 21/2015 s. 3(Sch. 1 item 39).\n\n(7) An Order of the Governor in Council may describe an area of lands or waters by reference to any map or plan lodged in the Central Plan Office.\n\nS. 6  \nrepealed by No. 63/1997  \ns. 6(2), new s. 6 inserted by No. 85/2003 s. 6.\n\n","sortOrder":28},{"sectionNumber":"6","sectionType":"section","heading":"Ports","content":"\t6 Ports\n\nThe Governor in Council may by Order published in the Government Gazette—\n\n(a) name the port established by the area of lands and waters or lands or waters declared by an Order under section 5;\n\n(b) declare the port to be a commercial trading port or a local port for the purposes of this Act;\n\n(c) revoke the declaration of a port as a commercial trading port or a local port;\n\n(d) declare a port that has been declared by Order in Council to be a local port to be a commercial trading port;\n\n(e) declare part of a port that has been declared by Order in Council to be a local port to be a commercial trading port;\n\n(f) declare a port that has been declared by Order in Council to be a commercial trading port to be a local port;\n\n(g) declare part of a port that has been declared by Order in Council to be a commercial trading port to be a local port;\n\n(h) amend the name of a port that has been established by Order in Council.\n\nS. 7  \namended by Nos 44/2001 s. 3(Sch. item 92.1), 23/2003 s. 17(Sch. item 2), 85/2003 s. 30(2), 10/2016 s. 179(Sch. 1 item 7.3), 19/2022 s. 36.\n\n","sortOrder":29},{"sectionNumber":"7","sectionType":"section","heading":"Subsidiary","content":"\t7 Subsidiary\n\nFor the purposes of this Act, the question whether a body corporate is a subsidiary of Ports Victoria shall be determined in the same manner as the question would be determined under the Corporations Act of Victoria if Ports Victoria and the body corporate were corporations within the meaning of that Act.\n\n","sortOrder":30},{"sectionNumber":"8","sectionType":"section","heading":"Crown to be bound","content":"\t8 Crown to be bound\n\nThis Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n","sortOrder":31},{"sectionNumber":"9","sectionType":"section","heading":"Extra-territorial operation","content":"\t9 Extra-territorial operation\n\nIt is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—\n\n(a) land situated outside Victoria, whether in or outside Australia;\n\n(b) things situated outside Victoria, whether in or outside Australia;\n\n(c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;\n\n(d) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.\n\nPt 2 (Heading) substituted by No. 45/2010 s. 27.\n\n","sortOrder":32},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions relating to port corporations","content":"Part 2—Provisions relating to port corporations\n\nPt 2 Div. 1 (Heading) repealed by No. 45/2010 s. 28(1).\n\nPt 2 Div. 1 (Heading and ss 10–16) substituted as Pt 2 Div. 1 (Heading and ss 10–15) by No. 23/2003 s. 5.\n\nSs 10, 11 substituted by No. 23/2003 s. 5, repealed by No. 45/2010 s. 28(2).\n\nS. 12 substituted by No. 23/2003 s. 5, amended by No. 23/2003 s. 19, repealed by No. 45/2010 s. 28(2).\n\nS. 13 amended by No. 51/1996 ss 5(1), 10(2), substituted by No. 23/2003 s. 5, amended by Nos 23/2003 s. 20, 17/2009 s. 6, 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), repealed by No. 45/2010 s. 28(2).\n\nS. 14 substituted by No. 23/2003 s. 5, repealed by No. 45/2010 s. 28(2).\n\nS. 14A inserted by No. 23/2003 s. 21, amended by No. 63/2007 s. 5, repealed by No. 45/2010 s. 28(2).\n\nS. 15 substituted by No. 23/2003 s. 5, amended by No. 85/2003 s. 7, repealed by No. 45/2010 s. 28(2).\n\nS. 16 (Heading) substituted by No. 45/2010 s. 29.\n\nS. 16 repealed by No. 23/2003 s. 5, new s. 16 inserted by No. 85/2003 s. 8.\n\n","sortOrder":33},{"sectionNumber":"16","sectionType":"section","heading":"Port of Melbourne Corporation—transitional powers under leases","content":"\t16 Port of Melbourne Corporation—transitional powers under leases\n\nDespite the repeal of the **Port of Melbourne Authority Act 1958**, the Port of Melbourne Corporation may decline an option on a lease that was in force immediately before the relevant date under Part 8 having regard to the requirements for port purposes pursuant to the **Port of Melbourne Authority Act 1958** as if that Act were still in operation.\n\nS. 17  \nrepealed by No. 63/1997  \ns. 6(2).\n\nPt 2 Div. 1A (Heading) repealed by No. 45/2010 s. 30(1).\n\nPt 2 Div. 1A  \n(Heading and ss 17A–17D) inserted by No. 63/1997  \ns. 4, substituted as Pt 2 Div. 1A (Heading and ss 17A–17G) by No. 85/2003 s. 9.\n\nSs 17A–17C substituted by No. 85/2003 s. 9, repealed by No. 45/2010 s. 30(2).\n\nS. 17D substituted by No. 85/2003 s. 9, amended by No. 17/2009 s. 7, repealed by No. 45/2010 s. 30(2).\n\nS. 17E inserted by No. 85/2003 s. 9.\n\n","sortOrder":34},{"sectionNumber":"17E","sectionType":"section","heading":"Port operations","content":"\t17E Port operations\n\nS. 17E(1) amended by Nos 45/2010 s. 31(1), 38/2011 s. 23(1).\n\n(1) The Port of Hastings Development Authority must administer any port management agreement in force in relation to the port of Hastings.\n\nS. 17E(2) amended by Nos 45/2010 s. 31(2), 38/2011 s. 23(2)(a).\n\n(2) The Port of Hastings Development Authority must notify the Minister and the Treasurer immediately if—\n\n(a) a port management agreement is terminated; or\n\n(b) a default occurs under the agreement; or\n\nS. 17E(2)(c) amended by No. 38/2011 s. 23(2)(b).\n\n(c) the Port of Hastings Development Authority has reason to believe it is likely that—\n\n(i) the port management agreement may be terminated; or\n\n(ii) a default may occur under the agreement.\n\nS. 17E(3) amended by Nos 45/2010 s. 31(3), 38/2011 s. 23(3).\n\n(3) The Port of Hastings Development Authority must notify the Minister and the Treasurer of its recommended course of action consequent on a termination or default or likely termination or default notified under subsection (2).\n\nSs 17F, 17G inserted by No. 85/2003 s. 9, repealed by No. 45/2010 s. 30(2).\n\nPt 2 Div. 2 (Heading and ss 18–22) amended by Nos 51/1996 s. 5(2), 77/2001 s. 32(4)(b), 23/2003 s. 22, substituted as Pt 2 Div. 2 (Heading and ss 18AA–22) by No. 85/2003 s. 10, amended by Nos 63/2007 s. 6, 17/2009 s. 8, 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), repealed by No. 45/2010 s. 32.\n\nPt 2 Div. 3 (Heading) repealed by No. 45/2010 s. 33(1).\n\n","sortOrder":35},{"sectionNumber":"23","sectionType":"section","heading":"Accountability for damage","content":"\t23 Accountability for damage\n\nS. 23(1) substituted by No. 51/1996 s. 6(1), amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(1)(c), 19/2022 s. 37.\n\n(1) A person who by any act done or omitted to be done on port land or port waters (including an act that causes an obstruction to navigation in port waters)—\n\n(a) causes damage to—\n\nS. 23(1)(a)(i) amended by Nos 85/2003 s. 30(2), 19/2022 s. 37.\n\n(i) any property (whether real or personal) of Ports Victoria or of a channel operator (being property used by the channel operator in connection with the exercise of its function as channel operator); or\n\nS. 23(1)(a)(ia) inserted by No. 10/2016 s. 97(1)(a).\n\n(ia) any property (whether real or personal) of the port of Melbourne operator (being property used by the port of Melbourne operator in connection with the provision of channels by it); or\n\nS. 23(1)(a)(ii) amended by Nos 85/2003 s. 30(2), 19/2022 s. 37.\n\n(ii) any building, works, infrastructure or facilities erected, established, installed, provided, managed or maintained by Ports Victoria or a channel operator under or for the purposes of this Act; or\n\nS. 23(1)(b) amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(1)(b), 19/2022 s. 37.\n\n(b) causes Ports Victoria, a channel operator as channel operator or the port of Melbourne operator to suffer economic loss—\n\nis liable to pay damages to Ports Victoria, the channel operator or the port of Melbourne operator (as the case requires) in respect of that damage or loss.\n\nS. 23(2) substituted by No. 51/1996 s. 6(1), amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(2), 19/2022 s. 37.\n\n(2) If damage or loss of a kind referred to in subsection (1) is caused by a vessel or by any person employed in or about the vessel, the owner, master and agent of the vessel, or any of them, is liable to pay damages to Ports Victoria, the channel operator or the port of Melbourne operator in respect of that damage or loss and that liability exists despite the fact—\n\n(a) that the damage or loss was caused by act of God or inevitable accident or otherwise without negligence or wrongful act or omission on the part of any person; or\n\n(b) that the vessel was under compulsory pilotage.\n\nS. 23(2A) inserted by No. 51/1996 s. 6(1), amended by Nos 85/2003 s. 30(2), 10/2016 s. 97(3), 19/2022 s. 37.\n\n(2A) Ports Victoria, a channel operator or the port of Melbourne operator may recover any damages to which it is entitled under subsection (1) or (2) in any court of competent jurisdiction.\n\nS. 23(3) amended by Nos 51/1996 s. 6(2)(a)(b), 85/2003 s. 30(2), 10/2016 s. 97(3), 19/2022 s. 37.\n\n(3) Nothing in this section prejudices any other rights which Ports Victoria, a channel operator or the port of Melbourne operator may have, or limits any liabilities to which a vessel or its master, owner or agent may be subject, in respect of any damage or loss caused by the vessel.\n\n","sortOrder":36},{"sectionNumber":"24","sectionType":"section","heading":"Liability of certain persons","content":"\t24 Liability of certain persons\n\nS. 24(1) amended by Nos 51/1996 s. 6(3)(a)–(c), 85/2003 s. 30(2), 10/2016 s. 98, 19/2022 s. 38.\n\n(1) If any sum has been paid to Ports Victoria, a channel operator or the port of Melbourne operator by, or recovered from, the owner, master or agent of a vessel as damages for any damage or loss under section 23, the owner, master or agent may, if the damage or loss was due to the negligence of a person other than the owner, master or agent, recover from that person the sum so paid or recovered (together with the costs of levying and recovering it) in any court of competent jurisdiction.\n\n(2) Nothing in this section deprives any licensed pilot of the benefit of any statutory limitation of liability.\n\nS. 25 repealed by No. 45/2010 s. 33(2).\n\nS. 26 amended by Nos 51/1996 s. 7, 85/2003 s. 28(c), repealed by No. 45/2010 s. 33(2).\n\nSs 27–29 repealed by No. 45/2010 s. 33(2).\n\nS. 30 amended by No. 23/2003 s. 6, repealed by No. 45/2010 s. 33(2).\n\nS. 31 amended by Nos 44/2001 s. 3(Sch. item 92.2), 63/2007 s. 7, repealed by No. 45/2010 s. 33(2).\n\nSs 32–37 repealed by No. 45/2010 s. 33(2).\n\nS. 38 amended by No. 23/2003 s. 7, repealed by No. 45/2010 s. 33(2).\n\nSs 39–44 repealed by No. 45/2010 s. 33(2).\n\nPt 2A (Heading and ss 44A–44G) inserted by No. 85/2003 s. 11.\n\n","sortOrder":37},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Local ports","content":"Part 2A—Local ports\n\nS. 44A inserted by No. 85/2003 s. 11.\n\n","sortOrder":38},{"sectionNumber":"44A","sectionType":"section","heading":"Appointment of port managers of local ports","content":"\t44A Appointment of port managers of local ports\n\nS. 44A(1)  amended by No. 25/2025 s. 24(1).\n\n(1) The Governor in Council may by Order published in the Government Gazette appoint as the port manager of a local port a committee of management of Crown land that is within the port.\n\nS. 44A(2)  amended by No. 25/2025 s. 24(2)(a).\n\n(2) The Governor in Council, by Order published in the Government Gazette, may—\n\n(a) revoke the appointment of a port manager of a local port;\n\nS. 44A(2)(b)  amended by No. 25/2025 s. 24(2)(b).\n\n(b) if the name of a port manager changes, make corresponding amendments to the Order of appointment.\n\n(3) A port manager for a local port has the following functions—\n\n(a) to manage the operations of the port, particularly with respect to shipping and boating activities in the port, with a view to ensuring that those operations are carried out safely, efficiently and effectively;\n\n(b) to provide, develop and maintain port facilities, including wharves, jetties, slipways, breakwaters, moorings, buildings and vehicle parks;\n\nS. 44A(3)(c) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), 34/2023 s. 127(Sch. 1 item 9.2).\n\n(c) to provide, develop and maintain, in accordance with any relevant standards developed by Safe Transport Victoria, navigational aids in the port;\n\nS. 44A(3)(d) amended by Nos 65/2010 s. 419(1), 25/2025 s. 24(3).\n\n(d) to carry out the functions and powers of a waterway manager under the **Marine Safety Act 2010** in respect of any State waters within the port, if the port manager is appointed as the waterway manager under that Act;\n\nS. 44A(3)(e) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), 34/2023 s. 127(Sch. 1 item 9.2).\n\n(e) to provide, develop and maintain, in accordance with any relevant standards developed by Safe Transport Victoria, navigation channels in the port;\n\n(f) to manage the operations of the port, and the construction and operation of port facilities and navigation channels in a manner that minimises the risk of environmental damage;\n\n(g) to participate in the control of marine and land pollution in the port as a relevant statutory authority under the Victorian component of the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances;\n\n(h) to allocate and manage moorings and berths in the port;\n\n(i) to exercise any other functions of the port manager of a local port under this or any other Act;\n\n(j) to do anything else in relation to the port that is specified by Order of the Governor in Council under subsection (4).\n\n(4) The Governor in Council on the recommendation of the Minister may declare, by Order published in the Government Gazette—\n\n(a) that port managers are to have additional functions in relation to local ports;\n\n(b) that a particular port manager is to have an additional function in relation to its local port or to a specified part of its local port;\n\n(c) that a particular port manager is not to have a particular function (including a function referred to in subsection (3)) in relation to its local port or to a specified part of its local port.\n\n(5) The Minister must not make a recommendation under subsection (4) unless the Minister—\n\n(a) has consulted with—\n\n(i) the Minister administering the **Crown Land (Reserves) Act 1978**; and\n\nS. 44A(5)(a)(ii)  amended by No. 26/2018 s. 97(2).\n\n(ii) the Minister administering the **Marine and Coastal Act 2018**;\n\n(b) is satisfied that the additional functions are necessary or desirable because of the particular operations or location of the port.\n\n(6) The Order in Council must specify the function that is being added or removed.\n\nS. 44A(7)  amended by No. 25/2025 s. 24(4).\n\n(7) An Order in Council under this section takes effect on the day the Order is published in the Government Gazette, or on any later date specified in the Order.\n\nS. 44B inserted by No. 85/2003 s. 11.\n\n","sortOrder":39},{"sectionNumber":"44B","sectionType":"section","heading":"General powers of port managers","content":"\t44B General powers of port managers\n\n(1) A port manager of a local port may do all things that are necessary or convenient to enable it to carry out its functions under section 44A.\n\nS. 44B(1A) inserted by No. 19/2022 s. 62(1).\n\n(1A) A port manager may do all things that are necessary or convenient to enable it to provide a service, or part of a service, that it is directed or authorised to provide under section 44BA outside the port lands or waters of its local port.\n\n(2) Without limiting subsection (1), a port manager may—\n\n(a) enter into other contracts and agreements (including contracts of indemnity and contracts for the provision of services or facilities);\n\n(b) employ staff, or engage consultants, contractors or agents;\n\nS. 44B(2)(c) amended by No. 19/2022 s. 62(2).\n\n(c) exercise its powers outside the port lands or waters of the port to the extent necessary or convenient to carry out the functions of port manager of that port or to ensure the safe operation of the port;\n\nS. 44B(2)(d) inserted by No. 19/2022 s. 62(3).\n\n(d) exercise its powers outside the port lands or waters of the port to the extent necessary or convenient to provide a service, or part of a service, that the port manager is directed or authorised to provide under section 44BA;\n\nS. 44B(2)(e) inserted by No. 19/2022 s. 62(3).\n\n(e) exercise its powers outside the port lands or waters of the port to the extent necessary or convenient in an emergency or to avert an imminent threat of death or serious injury to persons or serious damage to the environment or property.\n\nS. 44BA inserted by No. 19/2022 s. 63, amended by No. 25/2025 s. 25(1)(2) (ILA s. 39B(1)).\n\n\t44BA Port managers may provide services outside local port\n\n(1) The Minister may direct or authorise a port manager of a local port to provide a particular or class of port service or navigation or marine service (including any technical, advisory, maintenance and other services) outside the port lands or waters of its local port.\n\nS. 44BA(2) inserted by No. 25/2025 s. 25(2).\n\n(2) A direction or authorisation under subsection (1) is subject to any conditions or limitations that the Minister specifies.\n\nS. 44BA(3) inserted by No. 25/2025 s. 25(2).\n\n(3) The Minister may permit a port manager to impose a charge in accordance with section 44D for the provision of the service to which the direction or authorisation relates.\n\nS. 44BA(4) inserted by No. 25/2025 s. 25(2).\n\n(4) If the Minister permits a port manager to impose a charge in accordance with section 44D, the Minister—\n\n(a) must specify whether or not the amount of the charge the port manager may impose is permitted to exceed the cost of providing the service; and\n\n(b) may specify the basis on which the port manager is permitted to calculate the amount of the charge, including whether or not the charge may be calculated on a commercial basis; and\n\n(c) may specify circumstances in which the port manager is required to waive or reduce the charge, in addition to any exemptions the port manager may provide for under section 44D(4).\n\nS. 44BB inserted by No. 25/2025 s. 26.\n\n\t44BB Port managers may provide certain services\n\n(1) The Minister may direct or authorise a port manager of a local port to provide technical, advisory, maintenance and related services to persons or bodies that own, control, operate or maintain, or propose to own, control, operate or maintain, infrastructure or marine assets in the port lands or waters of the port manager's local port.\n\n(2) A direction or authorisation under subsection (1) is subject to any conditions or limitations that the Minister specifies.\n\n(3) The Minister may permit a port manager to impose a charge in accordance with section 44D for the provision of the service to which the direction or authorisation relates.\n\n(4) If the Minister permits a port manager to impose a charge in accordance with section 44D, the Minister—\n\n(a) must specify whether or not the amount of the charge the port manager may impose is permitted to exceed the cost of providing the service; and\n\n(b) may specify the basis on which the port manager is permitted to calculate the amount of the charge, including whether or not the charge may be calculated on a commercial basis; and\n\n(c) may specify circumstances in which the port manager is required to waive or reduce the charge, in addition to any exemptions the port manager may provide for under section 44D(4).\n\nS. 44C inserted by No. 85/2003 s. 11.\n\n","sortOrder":40},{"sectionNumber":"44C","sectionType":"section","heading":"Delegation","content":"\t44C Delegation\n\nThe port manager of a local port may delegate, in writing, any power conferred on it by or under this Act (other than this power of delegation) to any of its employees.\n\nS. 44D inserted by No. 85/2003 s. 11.\n\n","sortOrder":41},{"sectionNumber":"44D","sectionType":"section","heading":"Charges","content":"\t44D Charges\n\nS. 44D(1) substituted by No. 25/2025 s. 27(1).\n\n(1) Subject to subsection (3), the port manager of a local port may impose a charge for the following—\n\n(a) the use of a facility in the port;\n\n(b) the provision of any service or part of a service (other than a service referred to in section 44BB) by the port manager in the port;\n\n(c) the provision of a service outside the port lands or waters of its local port in accordance with a direction or authorisation under section 44BA, to the extent the direction or authorisation authorises a charge to be imposed;\n\n(d) the provision of a service in the port lands or waters of its local port in accordance with a direction or authorisation under section 44BB, to the extent the direction or authorisation authorises a charge to be imposed.\n\nS. 44D(2) amended by No. 25/2025 s. 27(2)(a).\n\n(2) A reference in this section to the use of a facility includes a reference—\n\n(a) to the use of a channel in the port; and\n\nS. 44D(2)(b) substituted by No. 25/2025 s. 27(2)(b).\n\n(b) to the use of an area for a swing mooring.\n\nS. 44D (2A)(2B) inserted by No. 19/2022 s. 64(1), repealed by No. 25/2025 s. 27(3).\n\nS. 44D(3) amended by No. 19/2022 s. 64(2).\n\n(3) The amount of a charge imposed under this section in respect of a facility, service or part of a service must not exceed the maximum charge (if any) that the regulations state is to be the maximum amount that may be charged by a port manager for the use of such a facility or the provision of such a service or part of a service.\n\nS. 44D(3A) inserted by No. 19/2022 s. 64(3), repealed by No. 25/2025 s. 27(3).\n\n(4) In imposing a charge under this section, the port manager may—\n\nS. 44D(4)(a) amended by No. 19/2022 s. 64(4).\n\n(a) make allowances for differences in time, place or circumstance relating to the use of the facility or the provision of the service for which the charge is being imposed; and\n\n(b) may provide for exemptions from the charge in specified circumstances.\n\n(5) In imposing a charge, the port manager must specify who is to be liable for paying the charge.\n\nS. 44D(6) amended by No. 19/2022 s. 64(5).\n\n(6) The port manager must ensure that it does not impose a charge on a person for using a facility or receiving a service unless it gave the person adequate notice of the charge before the person became liable to pay the charge.\n\n(7) A charge imposed under this section is a debt due to the port manager by the person who is liable to pay it.\n\nS. 44D(8) amended by No. 25/2025 s. 27(4).\n\n(8) A port manager may charge interest at the rate not exceeding the rate fixed under section 2 of the **Penalty Interest Rates Act 1983** on any unpaid charge that is due to the port manager.\n\nS. 44E inserted by No. 85/2003 s. 11.\n\n","sortOrder":42},{"sectionNumber":"44E","sectionType":"section","heading":"Dredging","content":"\t44E Dredging\n\nSubject to obtaining any permit, consent or other authority required by or under any other Act, the port manager of a local port may, in carrying out its functions—\n\n(a) alter, dredge, cleanse, scour, straighten and improve the bed and channel of any river or sea-bed in port waters;\n\n(b) reduce or remove any banks or shoals within any such river or sea-bed;\n\n(c) abate and remove impediments, obstructions and nuisances in, or on the banks and shores of, any such river or sea-bed that are injurious to the river or sea-bed or that obstruct, or that may tend to obstruct, navigation.\n\nS. 44F inserted by No. 85/2003 s. 11.\n\n","sortOrder":43},{"sectionNumber":"44F","sectionType":"section","heading":"Other works","content":"\t44F Other works\n\nSubject to obtaining any permit, consent or other authority required by or under any other Act, in carrying out its functions in relation to the provision, development and maintenance of port facilities, a port manager of a local port may—\n\n(a) change the natural or existing condition or topography of land;\n\n(b) remove vegetation or topsoil;\n\n(c) reclaim or decontaminate land;\n\n(d) construct, demolish or substantially alter any structure in or on land;\n\n(e) remove, decommission or make safe any existing facility.\n\nS. 44G inserted by No. 85/2003 s. 11.\n\n","sortOrder":44},{"sectionNumber":"44G","sectionType":"section","heading":"Port manager may act as harbour master if there is no harbour master","content":"\t44G Port manager may act as harbour master if there is no harbour master\n\n(1) This section applies if there is no harbour master for a local port.\n\nS. 44G(2) amended by Nos 9/2004 s. 27, 65/2010 s. 419(2), 25/2025 s. 28.\n\n(2) Sections 221, 232, 233, 234, 235, 236, 237 and 238 of the **Marine Safety Act 2010** apply as if a reference in those provisions to a harbour master were a reference to the port manager for the local port.\n\nPt 2B (Heading and ss 44H–44L) inserted by No. 8/2012 s. 5.\n\n","sortOrder":45},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Port licence fee","content":"Part 2B—Port licence fee\n\nS. 44HAA inserted by No. 10/2016 s. 99.\n\n\t44HAA Definitions\n\n***annual licence fee*** means the port licence fee payable under section 44H;\n\n***upfront licence fee*** means the port licence fee payable under section 44HA;\n\n***Victorian Transport Fund*** means the Fund established under section 13 of the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**.\n\nS. 44H inserted by No. 8/2012 s. 5, substituted by No. 10/2016 s. 99.\n\n\t44H Liability to pay port licence fee\n\n(1) The port licence holder is liable to pay a port licence fee in respect of the port licence the port licence holder holds.\n\n(2) The port licence fee is payable for each financial year the port licence is in force on and after 1 July 2015 (an ***annual licence fee***).\n\n(3) The amount of the annual licence fee is the amount calculated in accordance with this Part.\n\n(4) The amount of the annual licence fee that is payable is not to be adjusted even if the obligation to pay the fee arises after the beginning of the financial year in respect of which the fee is payable.\n\n(5) No amount of an annual licence fee that has been paid is to be refunded if the port licence ceases to be in force before the end of the financial year in respect of which that fee has been paid.\n\nS. 44HA inserted by No. 10/2016 s. 99.\n\n\t44HA Treasurer may require a one-off upfront licence fee for a period of up to 15 years instead of annual fees for that period\n\n(1) Despite section 44H, the Treasurer, in respect of a period of up to 15 years ending on or before 1 July 2032, may require the port licence holder to pay to the Treasurer, before that period commences, a fee determined by the Treasurer in relation to all of the financial years encompassed by that period in which the port licence will be in force (an ***upfront licence fee***) instead of the annual licence fees that would otherwise be payable under section 44H for those financial years.\n\n(2) In determining an upfront licence fee, the Treasurer may have regard to the way section 44J would otherwise apply to determine the annual licence fee for each financial year encompassed by the period to which the upfront licence fee relates.\n\n(3) Subsection (2) does not limit how the Treasurer may determine an upfront licence fee.\n\n(4) The payment of an upfront licence fee satisfies any obligation a port licence holder has to pay an annual licence fee for a financial year that would otherwise arise under section 44H if that upfront licence fee relates to a period that encompasses that financial year.\n\n(5) No upfront licence fee, and no part of an upfront licence fee, that is paid in accordance with this section is to be refunded to the port licence holder except as provided under section 44N.\n\nS. 44I inserted by No. 8/2012 s. 5.\n\n","sortOrder":46},{"sectionNumber":"44I","sectionType":"section","heading":"Amount of port licence fee","content":"\t44I Amount of port licence fee\n\n(1) The amount of the port licence fee payable in respect of the financial year commencing on 1 July 2012 is $75 million.\n\n(2) The amount of the port licence fee payable in respect of each subsequent financial year is the amount calculated under section 44J.\n\nS. 44J inserted by No. 8/2012 s. 5.\n\n","sortOrder":47},{"sectionNumber":"44J","sectionType":"section","heading":"Calculation of port licence fee","content":"\t44J Calculation of port licence fee\n\nS. 44J(1) amended by No. 44/2014 s. 33(Sch. item 21(1)).\n\n(1) For the purposes of section 44I(2), the amount is calculated in accordance with the formula—\n\n![]()\n\nwhere—\n\n **A** is the amount of the fee for the financial year immediately preceding the financial year in respect of which the fee is payable;\n\n **B** is the sum of the consumer price index numbers for the consecutive reference periods in respect of the period commencing on 1 January and ending on the next following 31 December in the financial year 2 years earlier than the financial year in respect of which the fee is payable last published by the Australian Bureau of Statistics as at 15 April immediately preceding the financial year in respect of which the fee is payable;\n\n **C** is the sum of the consumer price index numbers for the consecutive reference periods in respect of the period commencing on 1 January in the financial year 3 years earlier than the financial year in respect of which the fee is payable and ending on the next following 31 December immediately preceding the financial year for which the fee is payable.\n\n(2) If it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole dollar, the amount is taken to be calculated in accordance with this section if the calculation is made to the nearest whole dollar.\n\n(3) In this section—\n\nS. 44J(3) def. of  \n*consumer price index* substituted by No. 44/2014 s. 33(Sch. item 21(2)).\n\n***consumer price index*** means the all groups consumer price index for Melbourne in original terms  published by the Australian Bureau of Statistics.\n\nS. 44K (Heading) amended by No. 10/2016 s. 100(1).\n\nS. 44K inserted by No. 8/2012 s. 5.\n\n","sortOrder":48},{"sectionNumber":"44K","sectionType":"section","heading":"Notice of annual licence fee","content":"\t44K Notice of annual licence fee\n\nS. 44K(1) amended by No. 10/2016 s. 100(2).\n\n(1) The Minister must cause a notice to be published in the Government Gazette specifying the amount of an annual licence fee calculated in accordance with section 44J before the 1 June that immediately precedes the financial year to which the annual licence fee relates.\n\nS. 44K(2) amended by No. 10/2016 s. 100(3).\n\n(2) A failure to comply with subsection (1) in respect of a financial year does not affect the obligation of the port licence holder under section 44H to pay the annual licence fee for that year.\n\nS. 44L (Heading) amended by No. 10/2016 s. 101(1).\n\nS. 44L inserted by No. 8/2012 s. 5.\n\n","sortOrder":49},{"sectionNumber":"44L","sectionType":"section","heading":"Method of payment of annual licence fee","content":"\t44L Method of payment of annual licence fee\n\nS. 44L(1) amended by No. 10/2016 s. 101(2).\n\n(1) The annual licence fee for a financial year is payable by the port licence holder in quarterly instalments.\n\nS. 44L(2) amended by No. 10/2016 s. 101(3)(a).\n\n(2) The Minister must issue a fee notice to the port licence holder on or before the first day of a financial year specifying—\n\nS. 44L(2)(a) amended by No. 10/2016 s. 101(3)(b).\n\n(a) the amount of the annual licence fee payable in respect of that financial year; and\n\n(b) the amount payable for each quarterly instalment and the dates on which payment is due.\n\nS. 44L(3) amended by No. 10/2016 s. 101(4).\n\n(3) The port licence holder must pay each instalment amount specified in the fee notice to the Minister within 30 days after the last day of the quarter to which the instalment relates.\n\nS. 44M inserted by No. 10/2016 s. 102.\n\n","sortOrder":50},{"sectionNumber":"44M","sectionType":"section","heading":"Where are port licence fees to be paid?","content":"\t44M Where are port licence fees to be paid?\n\n(1) An annual licence fee (including an instalment amount of an annual licence fee) is to be paid into the Consolidated Fund.\n\n(2) An upfront licence fee is to be paid into the Victorian Transport Fund unless the Treasurer directs that the fee is to be paid into the Consolidated Fund.\n\nS. 44N inserted by No. 10/2016 s. 102.\n\n","sortOrder":51},{"sectionNumber":"44N","sectionType":"section","heading":"Refund of upfront licence fee","content":"\t44N Refund of upfront licence fee\n\n(a) the port licence holder has paid an upfront licence fee; and\n\n(b) before the period for which the port licence holder has paid that fee ends, the Minister revokes the holder's port licence under section 63J on a ground specified in the licence as a ground on which a refund of an upfront licence or part of an upfront licence fee is payable.\n\n(2) There must be paid to the previous port licence holder an amount (the ***refund amount***) that is attributable to the financial years that have not passed and are encompassed by the period to which the upfront licence relates.\n\n(3) The refund amount must be paid as follows—\n\n(a) if the upfront licence fee was paid into the Victorian Transport Fund and there are sufficient funds in that Fund for that payment, from that Fund;\n\n(b) if the upfront licence fee was paid into the Victorian Transport Fund but there are insufficient funds in that Fund for that payment, from—\n\n(i) that Fund; and\n\n(ii) the Consolidated Fund in respect of any part of the amount that cannot be met by funds in the Victorian Transport Fund;\n\n(c) if the upfront licence fee was paid into the Consolidated Fund, from the Consolidated Fund.\n\n(4) The Consolidated Fund is appropriated to the extent necessary for the purposes of a payment of a refund amount under subsection (3)(b)(ii) or (c).\n\n***previous port licence holder*** means the person who held the port licence that has been revoked under section 63J and to which this section applies.\n\n","sortOrder":52},{"sectionNumber":"Part 3","sectionType":"part","heading":"Regulation of port services","content":"Part 3—Regulation of port services\n\n","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Definitions","content":"\t45 Definitions\n\nS. 45 def. of *adverse compliance report* inserted by No. 10/2016 s. 103(a).\n\n***adverse compliance report***, in relation to a provider of prescribed services, means a final published report in which the Commission  has found that the provider has not complied with a Pricing Order in a significant and sustained manner;\n\nS. 45 def. of *associated entity* inserted by No. 10/2016 s. 103(a).\n\n***associated entity*** has the same meaning as in the Corporations Act;\n\nS. 45 def. of *authorised transaction* inserted by No. 10/2016 s. 103(a).\n\n***authorised transaction*** has the same meaning as in the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**;\n\nS. 45 def. of *channel operator* amended by Nos 23/2003 s. 23, 85/2003 s. 30(2), 45/2010 s. 34, 38/2011 s. 24, repealed by No. 10/2016 s. 103(e).\n\nS. 45 def. of *Commission* inserted by No. 62/2001 s. 86(1)(a).\n\n***Commission*** means the Essential Services Commission established under the **Essential Services Commission Act 2001**;\n\nS. 45 def. of *Competition Principles Agreement* repealed by No. 10/2016 s. 103(e).\n\nS. 45 def. of *Dedicated Channels* inserted by No. 10/2016 s. 103(a).\n\n***Dedicated Channels*** means that part of port of Melbourne waters that are north of Fawkner Beacon;\n\nS. 45 def. of *enforceable provision* inserted by No. 10/2016 s. 103(a).\n\n***enforceable provision*** means a provision of a Pricing Order that is prescribed;\n\nS. 45 def. of *ESC Minister* inserted by No. 10/2016 s. 103(a).\n\n***ESC Minister*** means the Minister administering the **Essential Services Commission Act 2001**;\n\nS. 45 def. of *ESC Price Monitoring Determination* inserted by No. 10/2016 s. 103(a).\n\n***ESC Price Monitoring Determination*** means—\n\n(a) the determination of the Commission under Part 3 of the **Essential Services Commission Act 2001** titled the \"Price Monitoring Determination for Victorian Ports 2010\" made on 4 May 2010, as amended from time to time;\n\n(b) any determination under Part 3 of the **Essential Services Commission Act 2001** made by the Commission that revokes and substitutes, or supersedes, the determination referred to in paragraph (a), as amended from time to time;\n\nS. 45 def. of *final published report* inserted by No. 10/2016 s. 103(a).\n\n***final published report*** means a report on an inquiry under section 49I laid before each House of the Parliament or made available for public inspection in accordance with section 45 of the **Essential Services Commission Act 2001**;\n\nS. 45 def. of *Office* repealed by No. 62/2001 s. 86(1)(b).\n\nS. 45 def. of *port assets* inserted by No. 10/2016 s. 103(a).\n\n***port assets*** has the same meaning as in the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**;\n\nS. 45 def. of *prescribed channel* repealed by No. 10/2016 s. 103(e).\n\nS. 45 def. of *prescribed prices* amended by No. 10/2016 s. 103(b).\n\n***prescribed prices*** means the prices specified in section 49(1)(b);\n\nS. 45 def. of *prescribed services* amended by No. 10/2016 s. 103(c).\n\n***prescribed services*** means the services specified in section 49(1)(c);\n\nS. 45 def. of *Pricing Order* repealed by No. 62/2001 s. 86(2)(a), new def. of *Pricing Order* inserted by No. 10/2016 s. 103(a).\n\n***Pricing Order*** means an Order in Council made under section 49A;\n\nS. 45 def. of *Pricing Order transition period* inserted by No. 10/2016 s. 103(a).\n\n***Pricing Order transition period*** means the period specified under a Pricing Order;\n\nS. 45 def. of *protected provision* inserted by No. 10/2016 s. 103(a).\n\n***protected provision*** means—\n\n(a) a provision of a Pricing Order that specifies the initial values of assets used by a provider of prescribed services to provide those services, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong; or\n\n(b) a provision of a Pricing Order that specifies the economic life of an asset used by a provider of prescribed services to provide those services for amortisation and depreciation purposes; or\n\n(c) a provision of a Pricing Order specified under a Pricing Order as a protected provision;\n\nS. 45 def. of *regulated industry* amended by No. 10/2016 s. 103(d).\n\n***regulated industry*** means the industry specified in section 49(1)(a);\n\nS. 45 def. of *re-regulation recommend-ation* inserted by No. 10/2016 s. 103(a).\n\n***re-regulation recommendation*** means a recommendation of the ESC Minister to the Governor in Council to make an Order under section 49A that amends or revokes provisions of a Pricing Order to make Division 3 apply in relation to the provision of prescribed services;\n\nS. 45 def. of *seaward limit* inserted by No. 10/2016 s. 103(a).\n\n***seaward limit*** means the line constituting  \nthe arc of a circle with a radius of 3 nautical miles centred on position 38°17'.52' S144°36'.84\"E (Point Lonsdale Signal Station);\n\nS. 45 def. of *Shared Channels* inserted by No. 10/2016 s. 103(a).\n\n***Shared Channels*** means that part of port of Melbourne waters extending from the seaward limit to Point Richards in the direction of Geelong and Fawkner Beacon in the direction of Melbourne, including the channels known as the Great Ship Channel and adjacent channels and the South Channel;\n\nS. 45 def. of *show cause notice* inserted by No. 10/2016 s. 103(a).\n\n***show cause notice*** means a notice under section 49K(1).\n\nS. 46 amended by No. 62/2001 s. 86(1)(c).\n\n","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"Construction of Part","content":"\t46 Construction of Part\n\nThis Part is relevant legislation for the purposes of the **Essential Services Commission Act 2001**.\n\nS. 47 amended by No. 10/2016 s. 104(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Application of Part","content":"\t47 Application of Part\n\n(1) Subject to this section, this Part applies to any person, including a person who is a provider of prescribed services.\n\nS. 47(2) inserted by No. 10/2016 s. 104(2).\n\n(2) Division 3 applies (and Divisions 2A and 2B do not apply) in relation to the provision of prescribed services if a Pricing Order declares that—\n\n(a) Division 3 applies in relation to the provision of prescribed services; and\n\n(b) the Pricing Order (other than the protected provisions) does not apply in relation to the provision of prescribed services.\n\nS. 47(3) inserted by No. 10/2016 s. 104(2).\n\n(3) To avoid doubt, Divisions 2A and 2B do not apply, and Division 3 applies, to the provision of prescribed services if there is no Pricing Order in effect.\n\nS. 48 amended by No. 62/2001 s. 86(1)(d)(e), substituted by No. 10/2016 s. 105.\n\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Objectives of this Part","content":"\t48 Objectives of this Part\n\n(1) The objectives of this Part are—\n\n(a) to promote efficient use of, and investment in, the provision of prescribed services for the long-term interests of users and Victorian consumers; and\n\n(b) to protect the interests of users of prescribed services by ensuring that prescribed prices are fair and reasonable whilst having regard to the level of competition in, and efficiency of, the regulated industry; and\n\n(c) to allow a provider of prescribed services a reasonable opportunity to recover the efficient costs of providing prescribed services, including a return commensurate with the risks involved; and\n\n(d) to facilitate and promote competition—\n\n(i) between ports; and\n\n(ii) between shippers; and\n\n(iii) between other persons conducting other commercial activities in ports; and\n\n(e) to eliminate resource allocation distortions by prohibiting a State sponsored port operator from providing a relevant service at a price lower than the competitively neutral price for that service.\n\n(2) In this section, ***competitively neutral price***, ***State sponsored port operator*** and ***relevant services*** each have the meaning given to them by section 49R.\n\nS. 48A inserted by No. 10/2016 s. 105.\n\n","sortOrder":57},{"sectionNumber":"48A","sectionType":"section","heading":"Commission must have regard to objectives of this Part","content":"\t48A Commission must have regard to objectives of this Part\n\nIn addition to the objectives under section 8 of the **Essential Services Commission Act 2001** (but subject to section 5(2) of that Act), the Commission must have regard to the objectives set out in section 48 when performing its functions or exercising its powers in relation to the regulated industry.\n\nS. 49 amended by Nos 62/2001 s. 86(1)(f), 77/2001 s. 32(4)(c), substituted by No. 85/2003 s. 12, amended by No. 10/2016 s. 106(2) (ILA s. 39B(1)).\n\n","sortOrder":58},{"sectionNumber":"49","sectionType":"section","heading":"Price regulation","content":"\t49 Price regulation\n\n(1) For the purposes of Part 3 of the **Essential Services Commission Act 2001**—\n\n(a) the port industry in a commercial trading port is a regulated industry;\n\n(b) the prices charged for the provision of, or in connection with, prescribed services in respect of the regulated industry, other than prescribed prices for prescribed services within the meaning of the **Grain Handling and Storage Act 1995**, are prescribed prices;\n\nS. 49(c) amended by No. 63/2007 s. 8, substituted by No. 78/2011 s. 50.\n\n(c) the following are prescribed services—\n\nS. 49(c)(i) substituted by No. 10/2016 s. 106(1).\n\n(i) the provision of channels (except anchorages) for use by shipping in port of Melbourne waters, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong and the Dedicated Channels used by vessels bound for the port of Melbourne;\n\nS. 49(c)(ii) substituted by No. 10/2016 s. 106(1).\n\n(ii) the provision of berths, buoys or dolphins in connection with the berthing of vessels in the port of Melbourne;\n\nS. 49(c)(iii) substituted by No. 10/2016 s. 106(1).\n\n(iii) the provision of short-term storage or cargo marshalling facilities in connection with the loading or unloading of vessels at berths, buoys or dolphins in the port of Melbourne;\n\nS. 49(c)(iv) inserted by No. 10/2016 s. 106(1).\n\n(iv) the provision of access to, or allowing the use of, places or infrastructure (including wharves, slipways, gangways, roads and rail infrastructure) on port of Melbourne land for the provision of services to port users;\n\n**Examples**\n\nTanker, wharf and water inspection services, and security services, are kinds of services that are provided to port users on port of Melbourne land.\n\nS. 49(c)(v) substituted by No. 10/2016 s. 106(1).\n\n(v) any other service that is prescribed by the regulations.\n\nS. 49(2) inserted by No. 10/2016 s. 106(2).\n\n(2) For the purposes of Part 3 of the **Essential Services Commission Act 2001**—\n\n(a) a granting of a lease or sublease by the port of Melbourne operator pursuant to which a person is permitted to provide any of the following in the port of Melbourne to other persons is not a prescribed service—\n\n(i) container terminal or stevedoring operations;\n\n(ii) automotive terminal or stevedoring operations;\n\n(iii) dry-bulk terminal or stevedoring operations;\n\n(iv) liquid-bulk terminal or stevedoring operations;\n\n(v) break-bulk terminal or stevedoring operations;\n\n(vi) an activity or operations specified in the regulations; and\n\nS. 49(2)(b) amended by Nos 10/2016 s. 179(Sch. 1 item 7.4), 19/2022 s. 39.\n\n(b) the services described in subparagraphs (i) to (v) of subsection (1)(c) are not prescribed services if Ports Victoria provides those services.\n\nPt 3 Div. 2 (Heading and ss 50–52) amended by No. 51/1996 s. 8, repealed by No. 62/2001 s. 86(2)(b), new Pt 3 Div. 2 (Heading and ss 49A–49H) inserted by No. 10/2016 s. 107.\n\nDivision 2—Port of Melbourne Pricing Order\n\nS. 49A inserted by No. 10/2016 s. 107.\n\n","sortOrder":59},{"sectionNumber":"49A","sectionType":"section","heading":"Pricing Order","content":"\t49A Pricing Order\n\n(1) The Governor in Council, on the recommendation of the ESC Minister, may make an Order—\n\n(a) for or with respect to the provision of prescribed services; and\n\n(b) for the regulation, in such manner as the Governor in Council thinks fit, of the prices for the provision of prescribed services.\n\n(2) Without limiting the generality of subsection (1)(a), an Order under subsection (1) may—\n\n(a) declare whether Division 2A, 2B or 3, or the Order, applies in relation to the provision of prescribed services; and\n\nSee also section 47(2).\n\n(b) specify a provision of the Order as a protected provision; and\n\n(c) specify a period commencing on the day the Pricing Order takes effect as the Pricing Order transition period; and\n\n(d) specify procedures to enable monitoring of compliance with the Order; and\n\n(e) specify how specified information is to be recorded and kept; and\n\n(f) require persons to prepare and give reports to the Commission about specified information or specified matters.\n\n(3) Without limiting the generality of subsection (1)(b), the manner may include any one or more of the following—\n\n(a) monitoring the level of prices for prescribed services or any component of prescribed services;\n\n(b) specifying pricing policies or principles;\n\n(c) specifying cost measurement and allocation principles;\n\n(d) specifying initial values of assets used by the port of Melbourne operator to provide prescribed services, including the initial values of the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong;\n\n(e) specifying the treatment of capital expenditure;\n\n(f) fixing the price or the rate of increase or decrease in a price;\n\n(g) fixing a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price;\n\n(h) fixing an average price for prescribed services or any component of prescribed services, or an average rate of increase or decrease in the average price;\n\n(i) specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;\n\n(j) specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the rate or supply of prescribed services or any component of prescribed services;\n\n(k) fixing a maximum revenue or maximum rate of increase or minimum rate of decrease in the maximum revenue in relation to prescribed services or any component of prescribed services;\n\n(l) providing for a return on, or return of, capital—\n\n(i) before any relevant capital expenditure is incurred; or\n\n(ii) over a period that is shorter than the projected economic life of the relevant asset; or\n\n(iii) if the provider of prescribed services to whom the Order applies or any associated entity of the provider is a private sector entity who has been granted a lease of port assets for the purposes of an authorised transaction, on an uneven basis during the period that equates to the term of that lease.\n\nS. 49B inserted by No. 10/2016 s. 107.\n\n","sortOrder":60},{"sectionNumber":"49B","sectionType":"section","heading":"General powers in relation to a Pricing Order","content":"\t49B General powers in relation to a Pricing Order\n\nA Pricing Order may—\n\n(a) confer functions and powers on, or leave any matter to be decided by, the Commission; and\n\n(b) be of general or limited application; and\n\n(c) differ according to differences in time, place or circumstances.\n\nS. 49C inserted by No. 10/2016 s. 107.\n\n","sortOrder":61},{"sectionNumber":"49C","sectionType":"section","heading":"Pricing Order must be published in the Government Gazette","content":"\t49C Pricing Order must be published in the Government Gazette\n\nA Pricing Order must be published in the Government Gazette.\n\nS. 49D inserted by No. 10/2016 s. 107.\n\n","sortOrder":62},{"sectionNumber":"49D","sectionType":"section","heading":"When Pricing Order takes effect","content":"\t49D When Pricing Order takes effect\n\nA Pricing Order takes effect—\n\n(a) on the day the Order is published in the Government Gazette; or\n\n(b) if a later day is specified in the Order, on that day.\n\nS. 49E inserted by No. 10/2016 s. 107.\n\n","sortOrder":63},{"sectionNumber":"49E","sectionType":"section","heading":"Limitation on amending or revoking a Pricing Order","content":"\t49E Limitation on amending or revoking a Pricing Order\n\nA Pricing Order cannot be amended or revoked except in accordance with this Division.\n\nS. 49F inserted by No. 10/2016 s. 107.\n\n","sortOrder":64},{"sectionNumber":"49F","sectionType":"section","heading":"Circumstances in which a Pricing Order may be amended","content":"\t49F Circumstances in which a Pricing Order may be amended\n\n(1) Subject to sections 49G and 49H, a Pricing Order may only be amended by an Order made under section 49A as follows—\n\n(a) to revoke a provision that declares that Division 3 does not apply in relation to the provision of prescribed services;\n\nSee also section 47(2).\n\n(b) to revoke a provision because of the commencement of port operations at a new container port in Victoria;\n\n(c) to make consequential amendments to the Order as a result of a revocation of the kind provided under paragraph (a) or (b);\n\n(d) with the agreement of the provider of prescribed services to whom the Order applies.\n\n(2) A Pricing Order may only be amended as provided under subsection (1)(a) if the ESC Minister decides to make a re-regulation recommendation.\n\nSee also section 49L.\n\nS. 49G inserted by No. 10/2016 s. 107.\n\n","sortOrder":65},{"sectionNumber":"49G","sectionType":"section","heading":"Circumstances in which a Pricing Order may be wholly revoked","content":"\t49G Circumstances in which a Pricing Order may be wholly revoked\n\nA Pricing Order may be wholly revoked by an Order made under section 49A if—\n\n(a) the provider of prescribed services to whom the Order applies is a public entity; or\n\n(b) the provider of prescribed services to whom the Order applies agrees to the revocation.\n\nS. 49H inserted by No. 10/2016 s. 107.\n\n","sortOrder":66},{"sectionNumber":"49H","sectionType":"section","heading":"Protected provisions cannot be revoked or amended etc.","content":"\t49H Protected provisions cannot be revoked or amended etc.\n\n(1) A protected provision that is in effect cannot be amended by another Order made under section 49A except with the agreement of the provider of prescribed services to whom the Order applies.\n\n(2) In addition, the effect of a protected provision that is in effect cannot be altered or varied by another Order made under section 49A except with the agreement of the provider of prescribed services to whom the Order applies.\n\n(3) A protected provision cannot be revoked except—\n\n(a) when the Pricing Order is wholly revoked because of the circumstances set out in section 49G; or\n\n(b) with the agreement of the provider of prescribed services to whom the Order applies.\n\nPt 3 Div. 2A (Heading and ss 49I–49N) inserted by No. 10/2016 s. 108.\n\n","sortOrder":67},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Monitoring compliance with Pricing Order","content":"Division 2A—Monitoring compliance with Pricing Order\n\nS. 49I inserted by No. 10/2016 s. 108.\n\n","sortOrder":68},{"sectionNumber":"49I","sectionType":"section","heading":"Conduct of reviews into compliance with Pricing Order","content":"\t49I Conduct of reviews into compliance with Pricing Order\n\n(1) The Commission must, not later than 6 months after a review period, conduct and complete an inquiry under the **Essential Services Commission Act 2001** and report to the ESC Minister—\n\n(a) as to whether a provider of prescribed services to whom a Pricing Order applies has complied with the Order during the review period; and\n\n(b) if there was non-compliance with the Pricing Order, whether that non-compliance was, in the Commission's view, non-compliance in a significant and sustained manner.\n\n(2) Subject to this Division, an inquiry under this section must be conducted in accordance with Part 5 of the **Essential Services Commission Act 2001** but sections 40 and 46 of that Act do not apply in respect of that inquiry.\n\n(3) As part of an inquiry under this section the Commission may take into account—\n\n(a) any findings it has made in reports on previous inquiries under this section; and\n\n(b) the nature and details of any instance of non‑compliance with a Pricing Order by a provider of prescribed services that is the subject of a report on a previous inquiry under this section.\n\n(4) Without limiting Part 5 of the **Essential Services Commission Act 2001**, a final report on an inquiry under this section must include—\n\n(a) the Commission's findings as to whether there has been non-compliance with a Pricing Order by a provider of prescribed services that is non-compliance in a significant and sustained manner; and\n\n(b) the Commission's reasons for those findings.\n\n***review period*** means—\n\n(a) the period commencing on the day on which the first Pricing Order made under section 49A takes effect and ending 5 years after that day; and\n\n(b) every subsequent period of 5 years commencing on the day after the day on which the previous period ends.\n\nS. 49J inserted by No. 10/2016 s. 108.\n\n","sortOrder":69},{"sectionNumber":"49J","sectionType":"section","heading":"Draft report to be provided to provider of prescribed services","content":"\t49J Draft report to be provided to provider of prescribed services\n\nThe Commission must—\n\n(a) provide a draft of a report on an inquiry under section 49I to the provider of prescribed services who is the subject of the inquiry; and\n\n(b) give the provider an opportunity to make a written submission to the Commission on that draft report before the Commission prepares its final report on the inquiry.\n\nS. 49K inserted by No. 10/2016 s. 108.\n\n","sortOrder":70},{"sectionNumber":"49K","sectionType":"section","heading":"Giving of show cause notice to non-compliant provider of prescribed services","content":"\t49K Giving of show cause notice to non-compliant provider of prescribed services\n\n(1) If the ESC Minister, having regard to an adverse compliance report and after consultation with the Minister, considers that the provider of prescribed services who is the subject of the report has not complied with a Pricing Order in a significant and sustained manner, the ESC Minister may give the provider a written notice (a ***show cause notice***).\n\n(2) A show cause notice must—\n\n(a) state that the ESC Minister considers that the provider of prescribed services has not complied with the Pricing Order in a significant and sustained manner and that the ESC Minister is considering making a re‑regulation recommendation; and\n\n(b) set out the nature and details of non‑compliance with the Pricing Order that the ESC Minister considers constitute non-compliance in a significant and sustained manner; and\n\n(c) specify any actions that the ESC Minister considers the provider may take to remedy that non-compliance or to prevent non‑compliance, including the giving of an undertaking under section 49M; and\n\n(d) state that the provider may make written submissions to the ESC Minister, in the time specified in the show cause notice, as to why, in the provider's view, the ESC Minister should not make a re‑regulation recommendation.\n\n(3) The time specified in a show cause notice for the purposes of subsection (2)(d) must not be less than 60 days after the notice is given to the provider.\n\n(4) After receiving a written submission in response to a show cause notice, the ESC Minister, by written notice, may request further information from the provider of prescribed services within the period specified in that notice.\n\nS. 49K(5) amended by No. 21/2019 s. 28.\n\n(5) The ESC Minister must not give a show cause notice until any proceeding on an application to VCAT under section 55 of the **Essential Services Commission Act 2001** relating to the adverse compliance report is finally heard and determined by VCAT.\n\n(6) The ESC Minister must cause to be published a show cause notice and a notice under subsection (4) on the Department's Internet site.\n\nS. 49L inserted by No. 10/2016 s. 108.\n\n","sortOrder":71},{"sectionNumber":"49L","sectionType":"section","heading":"Re-regulation recommendation","content":"\t49L Re-regulation recommendation\n\n(1) Subject to this section, after the giving of a show cause notice to a provider of prescribed services, the ESC Minister must decide whether to make a re-regulation recommendation.\n\n(2) Before making a decision under subsection (1), the ESC Minister must consult with the Minister.\n\n(3) In deciding whether to make a re-regulation recommendation, the ESC Minister must have regard to—\n\n(a) any written submission of the provider of prescribed services in response to the show cause notice that the Minister receives within the time specified in the notice, including any undertakings the provider proposes to give under section 49M; and\n\n(b) any further information the provider gives to the Minister on a request under section 49K(4); and\n\n(c) whether the provider has breached any undertaking given under section 49N; and\n\n(d) whether it is in the public interest that Division 3 apply in relation to the provision of prescribed services.\n\n(4) In having regard to the matter in subsection (3)(d), the ESC Minister must have regard to the objectives of this Part.\n\n(5) The ESC Minister must decide whether to make a re-regulation recommendation within 90 days after the later of—\n\n(a) the date specified in the show cause notice as the date by which the provider of prescribed services must make a submission; or\n\n(b) the date on which the provider must provide the information requested under section 49K(4) to the ESC Minister.\n\nS. 49M inserted by No. 10/2016 s. 108.\n\n","sortOrder":72},{"sectionNumber":"49M","sectionType":"section","heading":"Undertakings","content":"\t49M Undertakings\n\n(1) The ESC Minister may accept a written undertaking given by a provider of prescribed services who is the subject of an adverse compliance report in relation to the provider's non-compliance with a Pricing Order if the ESC Minister is satisfied that—\n\n(a) the terms of the undertaking offered by the provider are appropriate to adequately address the provider's non-compliance with a Pricing Order; and\n\n(b) the provider is reasonably likely to comply with the terms of the undertaking.\n\n(2) Before accepting an undertaking under subsection (1), the ESC Minister must consult with the Minister.\n\n(3) The provider of prescribed services may withdraw or vary the undertaking at any time, but only with the consent of the ESC Minister.\n\nS. 49M(4) amended by Nos 3/2017 s. 50(Sch. 1 item 5), 49/2019 s. 186(Sch. 4 item 34.2), 25/2025 s. 106(Sch. 1 item 33.2).\n\n(4) The ESC Minister must cause to be published a copy of an undertaking accepted under subsection (1) on an internet site maintained by the Department of Transport and Planning.\n\nS. 49N inserted by No. 10/2016 s. 108.\n\n","sortOrder":73},{"sectionNumber":"49N","sectionType":"section","heading":"Enforcement of undertakings","content":"\t49N Enforcement of undertakings\n\n(1) This section applies if the ESC Minister considers that a provider of prescribed services whose undertaking has been accepted under section 49M has breached any of its terms.\n\n(2) The ESC Minister may apply to the Supreme Court for an order under subsection (4).\n\n(3) Before making an application under subsection (2), the ESC Minister must consult with the Minister.\n\n(4) If, on an application under subsection (2), the Supreme Court is satisfied that the provider of prescribed services has breached a term of the undertaking, the Court may make all or any of the following orders—\n\n(a) an order directing the provider to comply with that term of the undertaking;\n\n(b) an order directing the provider to pay to the State an amount up to the amount of any financial benefit that the provider has obtained directly or indirectly and that is reasonably attributable to the breach;\n\n(c) any order that the Court considers appropriate directing the provider to compensate any other person who has suffered loss or damage as a result of the breach;\n\n(d) any other order that the Court considers appropriate.\n\nPt 3 Div. 2B (Heading and ss 49O, 49P) inserted by No. 10/2016 s. 108.\n\n","sortOrder":74},{"sectionNumber":"Div 2B","sectionType":"division","heading":"Transitional enforcement regime for port of Melbourne operator","content":"Division 2B—Transitional enforcement regime for port of Melbourne operator\n\nS. 49O inserted by No. 10/2016 s. 108.\n\n","sortOrder":75},{"sectionNumber":"49O","sectionType":"section","heading":"Application of Division","content":"\t49O Application of Division\n\n(1) This Division applies during the Pricing Order transition period.\n\n(2) This Division does not limit Division 2A.\n\nS. 49P inserted by No. 10/2016 s. 108.\n\n","sortOrder":76},{"sectionNumber":"49P","sectionType":"section","heading":"Enforcement of Pricing Order during Pricing Order transition period","content":"\t49P Enforcement of Pricing Order during Pricing Order transition period\n\nIf the Supreme Court is satisfied, on the application of the ESC Minister, that a provider of prescribed services has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of an enforceable provision, the Court may make all or any of the following orders—\n\n(a) an order granting an injunction on such terms as the Court thinks appropriate—\n\n(i) restraining the provider from engaging in the conduct; or\n\n(ii) if the conduct involves refusing or failing to do something, requiring the provider to do that thing;\n\n(b) an order directing the provider to pay to the State an amount up to the amount of any financial benefit that the provider has obtained directly or indirectly and that is reasonably attributable to the contravention;\n\n(c) an order directing the provider to compensate any other person who has suffered loss or damage as a result of the contravention;\n\n(d) any other order that the Court thinks appropriate.\n\nPt 3 Div. 2C (Heading and s. 49Q) inserted by No. 10/2016 s. 108.\n\n","sortOrder":77},{"sectionNumber":"Div 2C","sectionType":"division","heading":"Complaints in relation to","content":"Division 2C—Complaints in relation to  \nprovision of prescribed services\n\n","sortOrder":78},{"sectionNumber":"49Q","sectionType":"section","heading":"Person provided prescribed services may complain to ESC in relation to the provision of such services","content":"\t49Q Person provided prescribed services may complain to ESC in relation to the provision of such services\n\n(1) This section applies if a person who is provided prescribed services considers that the provider of those services has not, in providing the services, complied with the Pricing Order which applies to those services.\n\n(2) The person may complain to the Commission about the non-compliance with the Pricing Order.\n\n(3) On receiving a complaint under subsection (2), the Commission may investigate the complaint.\n\n(4) In investigating the complaint, the Commission may have regard to any matter raised or considered in—\n\n(a) the Commission's most recent final published report; and\n\n(b) any application to the Supreme Court under section 49P.\n\nThe Commission must also have regard to the objectives of this Part and the objectives under section 8 of the **Essential Services Commission Act 2001** when investigating a complaint—see section 48A.\n\n(5) The Commission must inform the person of the outcome of its investigation of the person's complaint.\n\n(6) If the Commission considers that the issues raised in the complaint have not been considered or dealt with under a Pricing Order or Division 2A or 2B, the Commission may refer the complaint to the ESC Minister.\n\nPt 3 Div. 2D (Heading and ss 49R–49ZH) inserted by No. 10/2016 s. 108.\n\n","sortOrder":79},{"sectionNumber":"Div 2D","sectionType":"division","heading":"Competitive neutrality pricing","content":"Division 2D—Competitive neutrality pricing\n\nSubdivision 1—Preliminary\n\nS. 49R inserted by No. 10/2016 s. 108.\n\n","sortOrder":80},{"sectionNumber":"49R","sectionType":"section","heading":"Definitions","content":"\t49R Definitions\n\nIn this Division—\n\n***accrual building block methodology***—see section 49S;\n\n***competitively neutral price***, for a relevant service, means the price, determined through the application of the competitively neutral pricing principles, that is the lower of—\n\n(a) the price which is likely to enable the recovery of the efficient costs attributable to any State cost contribution and any private cost contribution in providing the relevant service; and\n\n(b) the price at which the port of Melbourne operator provides a service that is economically substitutable for the relevant service, having regard to any material differences between the quality or scope of the relevant service and the quality or scope of the economically substitutable service;\n\n***competitively neutral pricing principles*** means the principles specified in an Order under section 49ZC;\n\n***handling***, in relation to a container, includes loading, unloading, transporting or storing;\n\n***private cost contribution*** means the amount of any capital invested by a private sector entity in, or expenses incurred by a private sector entity in operating, a State sponsored port;\n\n***private sector entity*** has the same meaning as in the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**;\n\n***relevant service*** means any of the following services provided at a State sponsored port for the purpose of enabling the handling, at that port, of containers that are being transported from, or are to be transported to, a destination outside of Australia—\n\n(a) the provision of channels used by vessels to access the State sponsored port;\n\n(b) the provision of berths, buoys or dolphins in connection with the berthing of vessels carrying container cargoes in the State sponsored port;\n\n(c) the provision of short term storage or cargo marshalling facilities in connection with the loading or unloading of vessels carrying container cargoes at berths, buoys or dolphins in the State sponsored port;\n\n(d) a service that is prescribed;\n\n***State cost contribution*** means an amount reflecting the net competitive advantage conferred on or given to a State sponsored port operator and includes—\n\n(a) an exemption from a requirement to pay a State tax or charge; and\n\n(b) an exemption under a law of the State; and\n\n(c) an explicit or implicit guarantee of debt executed or otherwise given by the State or by a Minister on behalf of the State; and\n\n(d) a concessional interest rate on a loan given by a public sector entity; and\n\n(e) an exemption from a requirement to account for depreciation expenses; and\n\n(f) an exemption from a requirement to earn a commercial rate of return on assets; and\n\n(g) a matter or thing referred to in section 49T(2);\n\n***State sponsored port***—see section 49T;\n\n***State sponsored port operator*** means an operator of a State sponsored port.\n\nS. 49S inserted by No. 10/2016 s. 108.\n\n","sortOrder":81},{"sectionNumber":"49S","sectionType":"section","heading":"Meaning of *accrual building block methodology*","content":"\t49S Meaning of *accrual building block methodology*\n\n(1) An ***accrual building block methodology*** is a methodology that—\n\n(a) provides for an allowance to recover—\n\n(i) a return on assets used by a State sponsored port operator to provide relevant services (the ***capital base of a State sponsored port operator***); and\n\n(ii) a return of the capital base of a State sponsored port operator through depreciation; and\n\n(iii) the forecast efficient operating expenditure that would be incurred by a State sponsored port operator acting prudently in the provision of relevant services; and\n\n(b) requires that—\n\n(i) an initial capital base of a State sponsored port operator be established utilising the depreciated optimised replacement cost approach; and\n\n(ii) the value of that capital base be updated on an annual basis by applying a roll forward principle that takes the opening value at the start of a financial year, adds in capital expenditure when incurred or to be incurred and deducts an amount for the return of capital; and\n\n(iii) the value of any assets transferred from a public sector entity to a private sector entity that form part of a private cost contribution for a State sponsored port be included in the capital base of a State sponsored port operator of that port at a value calculated using the depreciated optimised replacement cost approach; and\n\n(c) requires costs incurred by a State sponsored port operator be allocated between different types of relevant services, and other services (if any), on the basis that—\n\n(i) costs that are directly attributable to a service are to be allocated to that service; and\n\n(ii) costs that are not directly attributable to a service are to be allocated on the basis of the expected revenue share of that service to expected total services revenue; and\n\n(d) provides for the establishment of an aggregate revenue requirement that provides a State sponsored port operator with a reasonable opportunity to recover the allowances referred to in subsection (1)(a); and\n\n(e) requires the aggregate revenue requirement to be used to establish the prices for relevant services that, if paid, would provide a State sponsored port operator a reasonable opportunity to recover its aggregate revenue requirement.\n\n(2) For the purposes of subsection (1)(a)(i), an ***accrual building block methodology*** must provide for the recovery of a return on assets to be determined—\n\nS. 49S(2)(a) amended by No. 68/2017 s. 124(1).\n\n(a) by reference to that which would be required by a benchmark efficient entity providing services with a similar degree of risk; and\n\n(b) using an appropriate method that distinguishes between the cost of equity and debt so that a weighted average cost of capital can be derived.\n\n(3) An ***accrual building block methodology*** must not, for the purposes of subsection (1)(c), allow for the inclusion, in the capital base of a State sponsored port operator, of any value attributable to rail, road or other landside infrastructure at a place that is outside a State sponsored port operated by that operator.\n\nS. 49T inserted by No. 10/2016 s. 108.\n\n","sortOrder":82},{"sectionNumber":"49T","sectionType":"section","heading":"Meaning of *State sponsored port*","content":"\t49T Meaning of *State sponsored port*\n\n(1) A ***State sponsored port*** is a port located in Port Phillip Bay (other than the port of Melbourne) or in Western Port Bay—\n\n(a) the main purpose of which is to handle international containers and at which containers may be handled; and\n\n(b) to which a matter or thing set out in subsection (2) applies.\n\n(2) The following are matters or things which apply for the purposes of subsection (1)—\n\n(a) the port has been partially or fully constructed or is being operated by—\n\n(i) a public sector entity; or\n\n(ii) a private sector entity using financial support in the form of a grant from a public sector entity;\n\n(b) any equity funding for construction of the port has been or is provided by or on behalf of a public sector entity on materially better terms than would be available to the operator of that port from a private sector entity;\n\n(c) any debt funding for the construction of the port has been or is provided by or on behalf of a public sector entity on materially better terms than would be available to the operator of that port from a private sector entity;\n\n(d) a public sector entity provides financial support or a financial concession in respect of the port that has the effect of materially reducing the cost of capital for or operating costs of the port (including the operating costs of users of the port) and that support or concession or a similar support or concession is not available to the port of Melbourne operator;\n\n(e) a public sector entity provides financial support or a financial concession in respect of the costs of the transport of containers to or from the port that has the effect of materially reducing the operating costs of the transport of containers to or from the port and that support or concession, or a similar support or concession, is not available in respect of the transport of containers to or from the port of Melbourne;\n\n(f) a public sector entity provides financial support or a financial concession to users of or tenants at or prospective users of or tenants at the port such that their cost of being or becoming a user or tenant of the port is materially reduced and that support or concession, or a similar support or concession, is not available to users of or tenants at or prospective users of or tenants at the port of Melbourne.\n\nS. 49U inserted by No. 10/2016 s. 108.\n\n","sortOrder":83},{"sectionNumber":"49U","sectionType":"section","heading":"Application","content":"\t49U Application\n\n(1) This Division applies on and after the day on which the first lease of land comprising port assets is granted to a private sector entity under section 11 of the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**.\n\n(2) This Division ceases to apply on the day on which the lease referred to in subsection (1) ends.\n\nThe Pricing Order made under Division 2, the ongoing monitoring regime under Division 2A and the transitional enforcement regime under Division 2B apply to the port of Melbourne operator.\n\nSubdivision 2—Competitive neutrality pricing obligations\n\nS. 49V inserted by No. 10/2016 s. 108.\n\n","sortOrder":84},{"sectionNumber":"49V","sectionType":"section","heading":"State sponsored port operator must provide services at not less than competitively neutral prices","content":"\t49V State sponsored port operator must provide services at not less than competitively neutral prices\n\n(1) A State sponsored port operator must not provide a relevant service at a price that is lower than the competitively neutral price for the relevant service.\n\n(2) For the purposes of complying with subsection (1), a State sponsored port operator must apply the competitively neutral pricing principles.\n\nS. 49W inserted by No. 10/2016 s. 108.\n\n","sortOrder":85},{"sectionNumber":"49W","sectionType":"section","heading":"State sponsored port operator must publish relevant service prices","content":"\t49W State sponsored port operator must publish relevant service prices\n\nA State sponsored port operator must on or before 31 May every year (the ***publication date***)—\n\n(a) publish all prices for every relevant service it will provide in the financial year after the publication date; and\n\n(b) give a copy of those prices to the Commission.\n\nS. 49X inserted by No. 10/2016 s. 108.\n\n","sortOrder":86},{"sectionNumber":"49X","sectionType":"section","heading":"State sponsored port operator must keep records of relevant service prices","content":"\t49X State sponsored port operator must keep records of relevant service prices\n\n(1) A State sponsored port operator must keep records (including financial and business records) relating to the prices for relevant services the operator provides in accordance with guidelines prepared under subsection (3).\n\n(2) A State sponsored port operator must keep records (including financial and business records) relating to the prices for relevant services the operator provides in a manner that is consistent with guidelines prepared under subsection (3).\n\n(3) The Commission must prepare guidelines for the purposes of subsection (1) and (2).\n\nSubdivision 3—Investigation and enforcement of competitive neutrality pricing obligations\n\nS. 49Y inserted by No. 10/2016 s. 108.\n\n","sortOrder":87},{"sectionNumber":"49Y","sectionType":"section","heading":"Commission may be requested to inquire into relevant service prices","content":"\t49Y Commission may be requested to inquire into relevant service prices\n\n(1) This section applies if the ESC Minister or the port of Melbourne operator is of the view that a State sponsored port operator is providing, or is likely to provide, a relevant service at a price lower than the competitively neutral price for that service.\n\n(2) The ESC Minister or the port of Melbourne operator may request the Commission to conduct an inquiry into the price for the relevant service.\n\n(3) Before making a request, the ESC Minister must consult with the Minister.\n\n(4) A request must—\n\n(a) be in writing; and\n\n(b) set out the grounds on which the ESC Minister or port of Melbourne operator requests the Commission to investigate the price for the relevant service; and\n\n(c) include any relevant information or evidence in support of the grounds.\n\nS. 49Z inserted by No. 10/2016 s. 108.\n\n","sortOrder":88},{"sectionNumber":"49Z","sectionType":"section","heading":"Commission may conduct inquiry into relevant service prices","content":"\t49Z Commission may conduct inquiry into relevant service prices\n\n(1) The Commission must, no later than 3 months after receiving a request under section 49Y—\n\n(a) conduct and complete an inquiry into the subject matter of the request; and\n\n(b) prepare a final report on the inquiry.\n\n(2) In the case of a request under section 49Y from the port of Melbourne operator, the Commission may refuse to act under subsection (1) if the Commission is of the view that the request—\n\n(a) is frivolous; or\n\n(b) is vexatious; or\n\n(c) is without substance; or\n\n(d) has been made in bad faith.\n\nS. 49Z(3) amended by No. 41/2021 s. 135(1).\n\n(3) Sections 42 to 46 of the **Essential Services Commission Act 2001** apply in respect of an inquiry under this section.\n\nS. 49Z(3A) inserted by No. 41/2021 s. 135(2).\n\n(3A) For the purposes of an inquiry under this section, the Commission may—\n\n(a) serve an information gathering notice under section 36(1) of the **Essential Services Commission Act 2001** in accordance with Part 4 of that Act;  or\n\n(b) exercise a power under section 39K of the **Essential Services Commission Act 2001** in accordance with Part 4A of that Act.\n\n(4) A final report on an inquiry under this section must include—\n\n(a) the Commission's findings as to whether the State sponsored port operator has been providing, or is likely to provide, a relevant service at a price lower than the competitively neutral price for that service; and\n\n(b) the Commission's reasons for those findings.\n\nS. 49ZA inserted by No. 10/2016 s. 108.\n\n\t49ZA Commission may determine minimum competitively neutral price for relevant service\n\n(1) This section applies if the Commission in a final report on an inquiry under section 49Z finds that the State sponsored port operator has been providing, or is likely to provide, a relevant service at a price lower than the competitively neutral price for that service.\n\n(2) The Commission may make a determination that specifies the minimum competitively neutral price for the provision of the relevant service.\n\n(3) In addition, a determination must specify a period (not exceeding 5 years from the date the determination takes effect) during which the minimum competitively neutral price will apply to the provision of the relevant service.\n\n(4) Section 35(1) to (3) and (5) of the **Essential Services Commission Act 2001** applies to a determination of the Commission under this section as if the determination under this section were a determination under section 35 of that Act.\n\nS. 49ZB inserted by No. 10/2016 s. 108.\n\n\t49ZB Enforcement of Commission determinations\n\nIf the Supreme Court is satisfied, on the application of the ESC Minister or the port of Melbourne operator, that a State sponsored port operator has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of a determination under section 49ZA, the Court may make all or any of the following orders—\n\n(a) if the applicant is the ESC Minister—\n\n(i) an order granting an injunction on such terms as the Court thinks appropriate—\n\n(A) restraining the State sponsored port operator from engaging in the conduct; or\n\nS. 49ZB(a)(i)(B) amended by No. 68/2017 s. 124(2).\n\n(B) if the conduct involves refusing or failing to do something, requiring the operator to do that thing;\n\n(ii) an order directing the State sponsored port operator to pay to the State an amount up to the amount of any financial benefit that the operator has obtained directly or indirectly and that is reasonably attributable to the contravention;\n\nS. 49ZB(a)(iii) amended by No. 68/2017 s. 124(2).\n\n(iii) an order directing the operator to compensate any other person who has suffered loss or damage as a result of the contravention;\n\n(b) if the applicant is the port of Melbourne operator, an order granting an injunction on such terms as the Court thinks appropriate—\n\n(i) restraining the State sponsored port operator from engaging in the conduct; or\n\nS. 49ZB(b)(ii) amended by No. 68/2017 s. 124(2).\n\n(ii) if the conduct involves refusing or failing to do something, requiring the operator to do that thing;\n\n(c) in all cases, any other order that the Court thinks appropriate.\n\nSubdivision 4—Competitively neutral pricing principles Order\n\nS. 49ZC inserted by No. 10/2016 s. 108.\n\n\t49ZC Competitively neutral pricing principles Order\n\n(1) The Governor in Council, by Order published in the Government Gazette, may specify principles for the purposes of this Division.\n\n(2) An Order under this section—\n\n(a) must set out principles that provide for the determination of a competitively neutral price for the provision of a relevant service through the application of an accrual building block methodology; and\n\n(b) may specify other principles (which may include methodologies or procedures), that are not inconsistent with paragraph (a), for the determination of a competitively neutral price for the provision of a relevant service; and\n\n(c) may include any other matter or thing ancillary to, or not inconsistent with, a matter or thing referred to in paragraph (a) or (b).\n\nS. 49ZD (Heading) amended by No. 68/2017 s. 124(3).\n\nS. 49ZD inserted by No. 10/2016 s. 108.\n\n\t49ZD General powers in relation to competitively neutral pricing principles Order\n\nAn Order under section 49ZC may—\n\n(a) confer functions and powers on, or leave any matter to be decided by, the Commission; and\n\n(b) be of general or limited application; and\n\n(c) differ according to differences in time, place or circumstances.\n\nS. 49ZE inserted by No. 10/2016 s. 108.\n\n\t49ZE When a competitively neutral pricing principles Order takes effect\n\nAn Order under section 49ZC takes effect—\n\n(a) on the day the Order is published in the Government Gazette; or\n\n(b) if a later day is specified in the Order, on that day.\n\nS. 49ZF inserted by No. 10/2016 s. 108.\n\n\t49ZF Limitation on amending or revoking a competitively neutral pricing principles Order\n\nAn Order under section 49ZC cannot be amended or revoked except in accordance with this Subdivision.\n\nS. 49ZG inserted by No. 10/2016 s. 108.\n\n\t49ZG Circumstances in which a competitively neutral pricing principles Order may be amended\n\nSubject to section 49ZH, an Order under section 49ZC may only be amended with the agreement of the port of Melbourne operator.\n\nS. 49ZH inserted by No. 10/2016 s. 108.\n\n\t49ZH Circumstances in which a competitively neutral pricing principles Order may be wholly revoked\n\nA Order under section 49ZC may be wholly revoked by an Order made under that section—\n\n(a) if the port of Melbourne operator agrees to the revocation; or\n\n(b) after the first lease of land comprising port assets granted to a private sector entity under section 11 of the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016** ends.\n\nPt 3 Div. 3 (Heading) substituted by No. 10/2016 s. 109.\n\nDivision 3—General economic regulation powers\n\nS. 53 substituted by Nos 62/2001 s. 87(1), 10/2016 s. 110.\n\n","sortOrder":89},{"sectionNumber":"53","sectionType":"section","heading":"Conduct of inquiries","content":"\t53 Conduct of inquiries\n\n(1) The Commission must, not later than 6 months after the end of an inquiry period—\n\n(a) conduct and complete an inquiry into the following matters—\n\n(i) whether a port lessee or the port of Melbourne operator has power in the relevant market that it may exercise in relation to the process for the setting or reviewing of rents or associated payments (however described) payable by a tenant under an applicable lease;\n\n(ii) whether a port lessee or the port of Melbourne operator has exercised that power in a way that has the effect of causing material detriment to the long term interests of Victorian consumers (a ***misuse of market power***); and\n\n(b) if and only if the Commission finds that there has been a misuse of market power, make recommendations to the ESC Minister about whether the provision of access to port of Melbourne land by means of an applicable lease should be subject to economic regulation, and, if so, the form of the economic regulation.\n\n(2) For the purposes of subsection (1)(b), the form of economic regulation may include a form of price regulation.\n\n(3) Without limiting subsection (1), in conducting an inquiry under this section the Commission must have regard to—\n\n(a) the processes used to establish or review rents or associated payments (however described) payable by a tenant under an applicable lease; and\n\n(b) a port lessee's or the port of Melbourne operator's compliance with any processes for setting and reviewing rents or associated payments (however described) payable by a tenant under an applicable lease required under—\n\n(i) a port of Melbourne lease; or\n\n(ii) any agreement or arrangement entered into by the port lessee or the port of Melbourne operator in connection with a port of Melbourne lease; and\n\n(c) the extent to which any rents or associated payments (however described) paid by a tenant under an applicable lease may be passed through by the tenant to users of services provided by the tenant, to those users' customers, and ultimately to Victorian consumers.\n\n(4) An inquiry under this section must be conducted in accordance with Part 5 of the **Essential Services Commission Act 2001** but section 40 of that Act does not apply in respect of that inquiry.\n\n***applicable lease*** means a sublease, or a sublease of a sublease, of leased port of Melbourne land granted by a port lessee (other than to the port of Melbourne operator) or by the port of Melbourne operator;\n\n***inquiry period*** means any of the following—\n\n(a) the period of 3 years commencing on the day on which the first lease of land comprising port assets is granted to a private sector entity under section 11 of the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**;\n\n(b) the period of 5 years commencing on the day after the day on which the period referred to in paragraph (a) ends;\n\n(c) a period of 5 years commencing on the day after the day on which a previous 5 year period ends;\n\n***port lessee*** means a lessee under a port of Melbourne lease;\n\n***port of Melbourne lease*** has the same meaning as in section 59 of the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**;\n\n***relevant market*** means the market for access to leased port of Melbourne land by means of an applicable lease.\n\nS. 54 substituted by No. 62/2001 s. 87(1).\n\n","sortOrder":90},{"sectionNumber":"54","sectionType":"section","heading":"General power to make determinations","content":"\t54 General power to make determinations\n\nS. 54(1) substituted by No. 10/2016 s. 111(1).\n\n(a) there is no Pricing Order in effect and the ESC Minister determines that prescribed services are to be subject to price regulation; or\n\n(b) there is a Pricing Order in effect and that Order declares that this Division applies to the provision of prescribed services.\n\nS. 54(2) substituted by No. 10/2016 s. 111(1).\n\n(2) The Commission must make a determination in accordance with Part 3 of the **Essential Services Commission Act 2001**.\n\nS. 54(3) repealed by No. 63/2007 s. 9, new s. 54(3) inserted by No. 78/2011 s. 51.\n\n(3) The Commission must not make a determination under this section in relation to prescribed services unless it has the approval of the Minister administering this Act to do so.\n\nS. 54(3A) inserted by No. 10/2016 s. 111(2).\n\n(3A) In addition, while a Pricing Order is in effect, the Commission must not make a determination under this section in relation to prescribed services provided in the port of Melbourne that does not give effect to, or has the effect of altering or varying, a protected provision.\n\nS. 54(4) inserted by No. 85/2003 s. 13.\n\n(4) The Commission may, when making a determination in relation to prescribed services in a commercial trading port, have regard to the costs associated with any service related to the prescribed services if—\n\n(a) the related service is necessary or essential to the provision of prescribed services; and\n\n(b) the related service cannot readily be provided by another provider; and\n\n(c) it is not feasible to charge a separate price for the related service.\n\nS. 54(5) inserted by No. 85/2003 s. 13, amended by Nos 45/2010 s. 35, 38/2011 s. 25(1), repealed by No. 10/2016 s. 111(3).\n\nS. 54(6) inserted by No. 38/2011 s. 25(2).\n\n(6) Without limiting subsection (4), the Commission may, when making a determination in relation to prescribed services in the port of Hastings, have regard to a related service required to meet the Port of Hastings Development Authority's object under section 141S of the **Transport Integration Act 2010** including the following services—\n\n(a) the provision of rail and road infrastructure within the port that is necessary for moving cargo to or from berthing facilities or short term storage facilities or cargo marshalling facilities;\n\n(b) the provision of land to satisfy safety, security, planning or environmental requirements;\n\n(c) the provision of safety, security, emergency or environmental management services that are required by law or to meet the reasonable expectations that the community has of the Authority;\n\n(d) the provision of strategic planning for the port;\n\n(e) the facilitation of trade through the port.\n\nS. 54(7) inserted by No. 10/2016 s. 111(4).\n\n(7) To avoid doubt, a determination made by the Commission under this section in relation to prescribed services provided in the port of Melbourne does not cease to have effect only because a Pricing Order ceases to have effect.\n\nPt 3 Div. 3A (Heading) inserted by No. 10/2016 s. 112.\n\n","sortOrder":91},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Service quality monitoring","content":"Division 3A—Service quality monitoring\n\nS. 54A inserted by No. 10/2016 s. 113.\n\n **54A ESC Minister may direct Commission in relation to exercise of powers relating to standards and conditions of service and supply**\n\n(1) The ESC Minister may request, in writing, the Commission to exercise its powers under section 55(1).\n\n(2) A request under subsection (1) may specify the time within which the Commission is to exercise its powers under section 55(1).\n\n(3) The Commission must comply with a request it receives under subsection (1).\n\n","sortOrder":92},{"sectionNumber":"55","sectionType":"section","heading":"Standards and conditions of service and supply","content":"\t55 Standards and conditions of service and supply\n\nS. 55(1) amended by No. 62/2001 s. 86(1)(d)(f).\n\n(1) For the purposes of Part 3 of the **Essential Services Commission Act 2001**, the Commission has power to—\n\n(a) develop, issue and review standards and conditions of service and supply in respect of prescribed services; and\n\n(b) monitor and report on compliance with those standards and conditions; and\n\n(c) make determinations in relation to any matter specified in paragraph (a) or (b).\n\nS. 55(2) amended by Nos 62/2001 s. 86(1)(d), 77/2001 s. 32(4)(d), 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), 54/2012 s. 13, 10/2016 s. 114(1), 34/2023 s. 127(Sch. 1 item 9.3).\n\n(2) The Commission must consult with Safe Transport Victoria before exercising a power under subsection (1)(a).\n\nS. 55(3)(4) amended by No. 62/2001 s. 86(1)(d), repealed by No. 10/2016 s. 114(2).\n\nS. 55(5) repealed by No. 10/2016 s. 114(2).\n\nPt 3 Div. 3B (Heading) inserted by No. 10/2016 s. 115.\n\n","sortOrder":93},{"sectionNumber":"Div 3B","sectionType":"division","heading":"Information requirements and information disclosure restrictions","content":"Division 3B—Information requirements and information disclosure restrictions\n\n","sortOrder":94},{"sectionNumber":"56","sectionType":"section","heading":"Financial and business records","content":"\t56 Financial and business records\n\nS. 56(1) substituted by No. 85/2003 s. 14.\n\n(1) A provider of prescribed services must keep financial and business records—\n\n(a) in respect of the provision of channels for use by shipping that are separate from financial and business records for other prescribed services; and\n\n(b) in respect of prescribed services that are separate from any financial and business records for other aspects of any business conducted by the provider of prescribed services.\n\nS. 56(2) amended by No. 62/2001 s. 86(1)(d).\n\n(2) The financial and business records must be prepared and maintained in accordance with guidelines made by the Commission.\n\nS. 56(3) amended by No. 62/2001 s. 86(1)(d).\n\n(3) The provider of prescribed services must make the financial and business records available to the Commission when required to do so by notice in writing given by the Commission.\n\n(4) A requirement under subsection (3) must identify the information or document required and must specify—\n\n(a) by when the requirement must be complied with; and\n\nS. 56(4)(b) amended by No. 62/2001 s. 86(1)(d).\n\n(b) in what form the information or copy of the document is to be given to the Commission; and\n\n(c) that the requirement is made under this section and must include a copy of this section and section 57.\n\nS. 56(5) amended by No. 62/2001 s. 86(3)(a).\n\n(5) A person who without lawful excuse fails to comply with any requirement made under this section is guilty of an offence.\n\n(6) It is a lawful excuse for the purposes of subsection (5) that compliance may tend to incriminate the person or make the person liable to a penalty for any other offence.\n\nS. 56(7) amended by No. 62/2001 s. 86(1)(d)  \n(3)(b).\n\n(7) A person must not, in purported compliance with a requirement, knowingly give the Commission information that is false or misleading.\n\n1. 120 penalty units or imprisonment for 6 months.\n\nS. 56(8) amended by No. 62/2001 s. 86(3)(c).\n\n(8) A person must not—\n\n(a) threaten, intimidate or coerce another person; or\n\n(b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—\n\nbecause that other person complied, or intends to comply, with a requirement made under this section.\n\nS. 56(9) amended by No. 62/2001 s. 86(1)(d).\n\n(9) A person is not liable in any way for any loss, damage or injury suffered by another person because of the giving in good faith of a document or information to the Commission under this section.\n\nS. 56(10) amended by No. 62/2001 s. 86(1)(h), repealed by No. 41/2021 s. 136.\n\n","sortOrder":95},{"sectionNumber":"57","sectionType":"section","heading":"Restriction on disclosure of confidential information","content":"\t57 Restriction on disclosure of confidential information\n\nS. 57(1) amended by No. 62/2001 s. 86(1)(d).\n\n(1) This section applies if information or a document is given to the Commission under section 56 and, at the time it is given, the person giving it states that it is of a confidential or commercially sensitive nature.\n\nS. 57(2) amended by No. 62/2001 s. 86(1)(d)  \n(3)(d).\n\n(2) The Commission must not disclose the information or the contents of the document to any person unless—\n\n(a) it is of the opinion—\n\n(i) that the disclosure of the information or document would not cause detriment to the person supplying it; or\n\n(ii) that although the disclosure of the information or document would cause detriment to the person supplying it, the disclosure would assist in achieving the objectives of this Part and the benefit of achieving those objectives would outweigh any detriment caused by the disclosure; and\n\n(b) it is of the opinion, in relation to any other person who is aware of the information or the contents of the document and who might be detrimentally affected by the disclosure—\n\n(i) that the disclosure of the information or document would not cause detriment to that person; or\n\n(ii) that although the disclosure of the information or document would cause detriment to that person, the disclosure would assist in achieving the objectives of this Part and the benefit of achieving those objectives would outweigh any detriment caused by the disclosure; and\n\n(c) it gives the person who supplied the information or document a written notice—\n\nS. 57(2)(c)(i) amended by No. 62/2001 s. 86(1)(d).\n\n(i) stating that the Commission wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and setting out detailed reasons why the Commission wishes to make the disclosure; and\n\nS. 57(2)(c)(ii) amended by No. 62/2001 s. 86(1)(d).\n\n(ii) stating that the Commission is of the opinion required by paragraph (a) and setting out detailed reasons why it is of that opinion; and\n\n(d) if it is aware that the person who supplied the information or document in turn received the information or document from another person and is aware of that other person's identity and address, it gives that other person a written notice—\n\n(i) containing the details required by paragraph (c); and\n\nS. 57(2)(d)(ii) amended by No. 62/2001 s. 86(1)(d).\n\n(ii) stating that the Commission is of the opinion required by paragraph (b) in relation to him, her or it and setting out detailed reasons why it is of that opinion.\n\nS. 57(3) amended by No. 62/2001 s. 86(1)(d).\n\n(3) Subsection (2) does not prevent the Commission—\n\nS. 57(3)(a) substituted by No. 62/2001 s. 86(1)(i).\n\n(a) from disclosing information or the contents of a document to—\n\nS. 57(3)(a)(iaa) inserted by No. 41/2021 s. 137.\n\n(iaa) the chief executive officer of the Commission employed under section 23A(1) of the **Essential Services Commission Act 2001**; or\n\n(i) an employee employed under section 24(1) of the **Essential Services Commission Act 2001**; or\n\n(ii) a member of staff referred to in section 24(2) of that Act; or\n\n(iii) a consultant engaged under section 25 of that Act; or\n\n(iv) a member of a Division, committee or panel acting under a delegation under section 26 of that Act; or\n\n(b) from using information or a document for the purposes of an inquiry; or\n\nS. 57(3)(c) amended by No. 62/2001 s. 86(1)(j).\n\n(c) from disclosing information or the contents of a document to the Minister in a report prepared in the form required by section 45(2) of the **Essential Services Commission Act 2001**.\n\nS. 57(4) amended by No. 62/2001 s. 86(1)(d).\n\n(4) For the purposes of this section, the disclosure of anything that is already in the public domain at the time the Commission wishes to disclose it cannot cause detriment to any person referred to in subsection (2)(a) or (b).\n\nPt 3 Div. 4 (Heading and ss 58–63) amended by Nos 62/2001 ss 86(1) (c)(d)(f)(g), 87(2), 85/2003 ss 15–17, 75/2004 s. 68, 63/2007 s. 10, repealed by No. 78/2011 s. 52.[[1]](#endnote-1)\n\nPt 3 Div. 5 (Heading and ss 63A–63K) inserted by No. 62/2001 s. 88, substituted as Pt 3 Div. 5 (Heading and ss 63A–63L) by No. 10/2016 s. 116.\n\nDivision 5—Port licences\n\nS. 63A inserted by No. 62/2001 s. 88, substituted by No. 10/2016 s. 116.\n\n","sortOrder":96},{"sectionNumber":"63A","sectionType":"section","heading":"Provision of prescribed services without licence prohibited","content":"\t63A Provision of prescribed services without licence prohibited\n\nA person must not provide prescribed services unless the person—\n\n(a) is the holder of a licence authorising the provision of the relevant prescribed services; or\n\n(b) is exempted from the requirement to obtain a licence in respect of the provision of the relevant prescribed services.\n\nPenalty: 100 penalty units and 10 penalty units for each day after the day on which a notice of contravention of this section is served on the person by the Minister.\n\nS. 63B inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 69, substituted by No. 10/2016 s. 116.\n\n","sortOrder":97},{"sectionNumber":"63B","sectionType":"section","heading":"Exemptions for public sector entities that are not the port of Melbourne operator","content":"\t63B Exemptions for public sector entities that are not the port of Melbourne operator\n\nThe following entities are exempted from the requirement to obtain a licence in respect of the provision of prescribed services—\n\nS. 63B(a) amended by Nos 10/2016 s. 179(Sch. 1 item 7.5), 19/2022 s. 40.\n\n(a) Ports Victoria;\n\n(b) any other public sector entity if it is not the port of Melbourne operator.\n\nS. 63C inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 70, substituted by No. 10/2016 s. 116.\n\n","sortOrder":98},{"sectionNumber":"63C","sectionType":"section","heading":"Exemptions by Governor in Council","content":"\t63C Exemptions by Governor in Council\n\n(1) The Governor in Council, by Order in Council published in the Government Gazette, may exempt a person from the requirement to obtain a licence in respect of the provision of the prescribed services specified in the Order in Council.\n\n(2) An exemption may be of general or specific application.\n\n(3) An exemption is subject to such terms, conditions and limitations as are specified in the Order in Council.\n\n(4) An Order under subsection (1) may confer powers and functions on, and leave any matter to be decided by, the Minister.\n\nS. 63D inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 71, substituted by No. 10/2016 s. 116.\n\n","sortOrder":99},{"sectionNumber":"63D","sectionType":"section","heading":"Application for port licence","content":"\t63D Application for port licence\n\n(1) A person may apply to the Minister for the issue of a licence authorising the provision of the prescribed services specified in the application.\n\n(2) An application must be in a form approved by the Minister and be accompanied by such documents as may be required by the Minister.\n\n(3) An application must be accompanied by the application fee (if any) fixed by the Minister.\n\nS. 63E inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 72, substituted by No. 10/2016 s. 116.\n\n","sortOrder":100},{"sectionNumber":"63E","sectionType":"section","heading":"Grant or refusal of application","content":"\t63E Grant or refusal of application\n\n(1) Subject to subsection (2),  the Minister may grant or refuse an application for the issue of a licence for any reason the Minister considers appropriate.\n\n(2) Subject to this section, the Minister may decide the procedures that are to apply in respect of the issue of a licence.\n\n(3) The Minister must notify an applicant in writing of the Minister's decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for the Minister's decision.\n\nS. 63F inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 73, substituted by No. 10/2016 s. 116.\n\n","sortOrder":101},{"sectionNumber":"63F","sectionType":"section","heading":"Provisions relating to port licences","content":"\t63F Provisions relating to port licences\n\n(1) A licence is to be issued for such term (if any) as is decided by the Minister and is specified in the licence.\n\n(2) Subject to this section, a licence is subject to such conditions as are decided by the Minister.\n\n(3) Without limiting the generality of subsection (2), the conditions on a licence may include provisions—\n\n(a) requiring the port licence holder to be the port of Melbourne operator; or\n\n(b) requiring the port licence holder to comply with a requirement under Part 2B; or\n\n(c) specifying procedures for the variation of the licence; or\n\n(d) specifying grounds and procedures for the revocation of the licence.\n\n(4) The Minister must consult with the Treasurer before deciding conditions specifying—\n\n(a) procedures for the variation or revocation of the licence; or\n\n(b) any grounds for the revocation of the licence.\n\n(5) In addition, the Minister, in any conditions that the Minister decides that specify a procedure for the variation or revocation of the licence, must include a requirement that the Minister consult with the Treasurer before making any decision under that procedure.\n\nS. 63G inserted by No. 62/2001 s. 88, substituted by No. 10/2016 s. 116.\n\n","sortOrder":102},{"sectionNumber":"63G","sectionType":"section","heading":"Gazettal requirement in relation to grant of port licence","content":"\t63G Gazettal requirement in relation to grant of port licence\n\n(1) The Minister must ensure that notice of the grant of a port licence is published in the Government Gazette as soon as possible after the grant of a licence.\n\n(2) A notice under subsection (1) must include—\n\n(a) the name of the port licence holder; and\n\n(b) the term of the port licence; and\n\n(c) the place where a copy of the port licence may be inspected.\n\nS. 63H inserted by No. 62/2001 s. 88, substituted by No. 10/2016 s. 116.\n\n","sortOrder":103},{"sectionNumber":"63H","sectionType":"section","heading":"Compliance with conditions of port licence","content":"\t63H Compliance with conditions of port licence\n\nA port licence holder must comply with the conditions of the port licence the port licence holder holds.\n\nPenalty: 100 penalty units and 10 penalty units for each day after the day on which a notice of contravention of this section is served on the person by the Minister.\n\nS. 63I inserted by No. 62/2001 s. 88, substituted by No. 10/2016 s. 116.\n\n","sortOrder":104},{"sectionNumber":"63I","sectionType":"section","heading":"Variation of port licence","content":"\t63I Variation of port licence\n\nA port licence or the licence conditions may be varied—\n\n(a) in accordance with the procedures specified in the licence conditions; or\n\n(b) by agreement between the Minister (after consultation with the Treasurer) and the port licence holder.\n\nS. 63J inserted by No. 62/2001 s. 88, amended by No. 75/2004 s. 74, substituted by No. 10/2016 s. 116.\n\n","sortOrder":105},{"sectionNumber":"63J","sectionType":"section","heading":"Revocation of port licence","content":"\t63J Revocation of port licence\n\n(1) The Minister may revoke a port licence on any ground specified in the licence conditions.\n\n(2) The procedure that applies to a revocation of a port licence under subsection (1) is the procedure specified in the licence conditions (if any).\n\nS. 63K inserted by No. 62/2001 s. 88, repealed by No. 75/2004 s. 75, new s. 63K inserted by No. 10/2016 s. 116.\n\n","sortOrder":106},{"sectionNumber":"63K","sectionType":"section","heading":"Transfer of port licence—on application by port licence holder","content":"\t63K Transfer of port licence—on application by port licence holder\n\n(1) A port licence holder may apply to the Minister for approval to transfer the port licence they hold.\n\n(2) An application must be in a form approved by the Minister and be accompanied by such documents as may be required by the Minister.\n\n(3) An application must be accompanied by the application fee (if any) fixed by the Minister.\n\n(4) Subject to this section, the Minister may approve, or refuse to approve, the application for any reason the Minister considers appropriate.\n\n(5) The Minister may, after consultation with the Treasurer, decide that, upon the transfer of the port licence under this section, the conditions to which the licence is subject are varied as decided by the Minister.\n\n(6) Subject to this section, the Minister may decide the procedures that are to apply in respect of the transfer of a port licence.\n\n(7) The Minister must notify an applicant in writing of the Minister's decision to approve or refuse to approve the application and, in the case of a decision to refuse to approve the application, of the reasons for the Minister's decision.\n\nS. 63L inserted by No. 10/2016 s. 116.\n\n","sortOrder":107},{"sectionNumber":"63L","sectionType":"section","heading":"Transfer of port licence—on Minister's initiative","content":"\t63L Transfer of port licence—on Minister's initiative\n\n(1) The Minister, with the consent of the port licence holder, may transfer the port licence the port licence holder holds to another person.\n\n(2) The Minister may, after consultation with the Treasurer, decide that, upon the transfer of the port licence under this section, the conditions to which the licence is subject are varied as decided by the Minister.\n\nPt 3 Div. 6 (Heading and s. 63M) inserted by No. 10/2016 s. 117.\n\nDivision 6—Other matters\n\nS. 63M inserted by No. 10/2016 s. 117.\n\n","sortOrder":108},{"sectionNumber":"63M","sectionType":"section","heading":"Revocation of ESC Price Monitoring Determination when Pricing Order takes effect","content":"\t63M Revocation of ESC Price Monitoring Determination when Pricing Order takes effect\n\nDespite anything to the contrary in the **Essential Services Commission Act 2001** or this Act, unless sooner revoked, the ESC Price Monitoring Determination is revoked on the day the first Pricing Order takes effect.\n\nPt 4 (Heading) amended by No. 23/2003 s. 8.\n\n","sortOrder":109},{"sectionNumber":"Part 4","sectionType":"part","heading":"Reservation of land","content":"Part 4—Reservation of land\n\nPt 4 Div. 1 (Heading and ss 64–67) amended by Nos 107/1995 s. 127, 51/1996 s. 9, repealed by No. 63/1997 s. 6(3)  new Pt 4 Div. 1 (Heading and s. 64) inserted by No. 23/2003 s. 9.\n\nDivision 1—Reservation of land for the purposes of the port of Melbourne\n\nNew s. 64 inserted by No. 23/2003 s. 9.\n\n","sortOrder":110},{"sectionNumber":"64","sectionType":"section","heading":"Power to reserve unalienated Crown land for the purposes of the port of Melbourne","content":"\t64 Power to reserve unalienated Crown land for the purposes of the port of Melbourne\n\n(1) The Minister, in consultation with the Minister administering section 4 of the **Crown Land (Reserves) Act 1978**, may recommend to the Governor in Council that any Crown land that is—\n\n(a) in the municipal district of the Melbourne City Council, Maribyrnong City Council, Hobsons Bay City Council or Port Phillip City Council or in Port Phillip Bay adjoining one or more of those municipal districts; and\n\n(b) not reserved under the **Crown Land (Reserves) Act 1978**—\n\nbe reserved for the purposes of the port of Melbourne.\n\n(2) The Minister must not make a recommendation under subsection (1) unless the Minister—\n\n(a) has received a plan of the land signed by the Surveyor-General; and\n\n(b) is satisfied that the land, shown on the plan signed by the Surveyor-General, represents the land that is to be reserved for the purposes of the port of Melbourne.\n\n(3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order published in the Government Gazette, declare that any interests over the land shown in the plan, other than those specified in the Order, are surrendered to the Crown.\n\n(4) On the publication of an Order under subsection (3) in the Government Gazette—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests other than those specified in the Order; and\n\n(b) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purposes of the port of Melbourne, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act; and\n\nS. 64(4)(c) amended by Nos 110/2004 s. 59, 10/2016 s. 179(Sch. 1 item 7.6), 19/2022 s. 41.\n\n(c) Ports Victoria is deemed to be the committee of management of the land and for those purposes is deemed to be an incorporated committee under that Act.\n\nNew s. 65 inserted by No. 110/2004 s. 60.\n\n","sortOrder":111},{"sectionNumber":"65","sectionType":"section","heading":"Station Pier land deemed to be reserved land","content":"\t65 Station Pier land deemed to be reserved land\n\nOn and from the commencement of this section, Station Pier land—\n\n(a) is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purposes of the port of Melbourne, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act; and\n\nS. 65(b) amended by Nos 10/2016 s. 179(Sch. 1 item 7.6), 19/2022 s. 42.\n\n(b) Ports Victoria is deemed to be the committee of management of the land, and, for those purposes, is deemed to be an incorporated committee under that Act.\n\nS. 66 (Heading) amended by Nos 10/2016 s. 179(Sch. 1 item 7.7), 19/2022 s. 43(1).\n\nNew s. 66 inserted by No. 110/2004 s. 60.\n\n","sortOrder":112},{"sectionNumber":"66","sectionType":"section","heading":"Powers of Ports Victoria in relation to reserved Crown land","content":"\t66 Powers of Ports Victoria in relation to reserved Crown land\n\nS. 66(1) amended by Nos 10/2016 s. 179(Sch. 1 item 7.8), 19/2022 s. 43(2)(a).\n\n(1) Despite anything to the contrary in the **Crown Land (Reserves) Act 1978**, Ports Victoria may grant a lease or licence over any land reserved under this Part for which it is the committee of management for any period (of not greater than 25 years) for which Ports Victoria thinks fit, if that lease or licence is in accordance with the purposes for which the land is reserved.\n\nS. 66(2) amended by Nos 10/2016 s. 179(Sch. 1 item 7.8), 19/2022 s. 43(2)(b).\n\n(2) The power to grant a lease or licence under subsection (1) is in addition to any power Ports Victoria has as a committee of management under the **Crown Land (Reserves) Act 1978** to grant a lease or licence under that Act.\n\nS. 66(3) amended by Nos 10/2016 s. 179(Sch. 1 item 7.8), 19/2022 s. 43(2)(c).\n\n(3) Ports Victoria has the same powers to manage land reserved under this Part as it has in relation to land in which it has a proprietary interest, including, but not limited to, the power to impose wharfage and channel fees.\n\nS. 66(4) amended by Nos 10/2016 s. 179(Sch. 1 item 7.8), 19/2022 s. 43(2)(b).\n\n(4) In exercising a power under subsection (3) Ports Victoria must not do so inconsistently with—\n\n(a) subsection (1) or (2); or\n\n(b) the purposes for which the land is reserved.\n\nPt 4 Divs 2, 3 (Headings and ss 68–71) repealed by No. 63/1997 s. 6(3).\n\nDivision 4—General\n\n","sortOrder":113},{"sectionNumber":"72","sectionType":"section","heading":"Registrar of Titles to amend records","content":"\t72 Registrar of Titles to amend records\n\nS. 72(1) repealed by No. 85/1998 s. 24(Sch. item 46.1).\n\n(2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\n","sortOrder":114},{"sectionNumber":"73","sectionType":"section","heading":"Exemption from stamp duty and other taxes","content":"\t73 Exemption from stamp duty and other taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part.\n\nPt 4A (Headings and ss 73A–73R) inserted by No. 93/2009 s. 11, amended by Nos 93/2009 s. 11, 65/2010 s. 419(3), 78/2011 s. 53, 10/2016 ss 118–122, 179(Sch. 1 items 7.9–7.16), substituted as Pt 4A (Headings and ss 73A–73ZB) by No. 19/2022 s. 32.\n\n","sortOrder":115},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Regulation of provision of towage services","content":"Part 4A—Regulation of provision of towage services\n\nS. 73A substituted by No. 19/2022 s. 32.\n\n","sortOrder":116},{"sectionNumber":"73A","sectionType":"section","heading":"Definitions","content":"\t73A Definitions\n\n***business day*** means a day other than—\n\n(a) a Saturday or Sunday; or\n\n(b) a day appointed under the **Public Holidays Act 1993** as a public holiday or public half-holiday throughout the whole of Victoria;\n\n***disciplinary action***—see section 73R;\n\n***licence holder*** means a holder of a towage service licence;\n\n***licensed towage service provider*** means a person who holds a licence issued under section 73H;\n\n***show cause notice***—see section 73S(2);\n\n***towage service*** means the service of supplying one or more towage vessels to assist in the navigation of other vessels by towing or pushing those vessels into, within or out of port waters;\n\n***towage service determination*** means a determination made under section 73B;\n\n***towage service licence*** means a licence issued under section 73H;\n\n***towage vessel*** means a vessel designed or intended to be used to assist another vessel's navigation by towing or pushing that vessel.\n\nDivision 2—Towage service determination\n\nS. 73B substituted by No. 19/2022 s. 32.\n\n","sortOrder":117},{"sectionNumber":"73B","sectionType":"section","heading":"Towage service determination","content":"\t73B Towage service determination\n\n(1) Ports Victoria may make a determination that sets out the requirements and standards that are to apply to the provision of a towage service in a commercial trading port.\n\n(2) Without limiting subsection (1), a determination under that subsection may specify—\n\n(a) the period of time for which its provisions operate (the ***determination period***); and\n\n(b) the commercial trading port in which a towage service to which the determination applies is to be provided; and\n\n(c) the minimum number of towage vessels required to be provided by licensed towage service providers during the determination period; and\n\n(d) the minimum towing and pushing capacity of any such vessels; and\n\n(e) the minimum emergency response capabilities (including minimum fire‑fighting capabilities) of any such vessels or class of such vessels and any specified standards applicable to such capabilities; and\n\n(f) the minimum requirements necessary for such vessels to be fit to provide the service that the vessels are to be used to provide; and\n\n(g) the availability required for such vessels to provide the services; and\n\n(h) the availability required for such vessels that have emergency response capabilities (including fire-fighting capabilities).\n\n(3) A determination under subsection (1) may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances;\n\n(c) provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the determination—\n\n(i) whether unconditionally or on specified conditions; and\n\n(ii) either wholly or to any extent that is specified.\n\n(4) The determination period determined under subsection (2)(a)—\n\n(a) must not commence until 2 months after the day on which the determination is published in the Government Gazette; and\n\n(b) must commence immediately on the termination of a previous determination period (other than in the case of the first determination made under this section); and\n\n(c) must terminate at a time that ensures paragraphs (a) and (b) may be complied with.\n\nS. 73B(5) amended by No. 34/2023 s. 127(Sch. 1 item 9.4).\n\n(5) A standard specified for the emergency response capabilities (including the fire-fighting capabilities) for a towage vessel, or a class of towage vessel, in a determination under subsection (1) must meet or exceed the relevant standard specified by Safe Transport Victoria under section 202B of the **Marine Safety Act 2010**.\n\n(6) In making a determination under subsection (1), Ports Victoria—\n\n(a) must have regard to—\n\n(i) the requirements that are necessary for the safe and efficient operation of the applicable commercial trading port for the determination period; and\n\n(ii) any submissions made under section 73D as to the proposed determination notified under section 73C; and\n\n(b) must not make a determination that has greater requirements as to the number, capacity and availability of vessels than those requirements set out in the proposed determination notified under section 73C.\n\n(7) A determination under subsection (1)—\n\n(a) must be published in the Government Gazette; and\n\n(b) has effect from the date of publication; and\n\n(c) operates for the determination period.\n\nS. 73C substituted by No. 19/2022 s. 32.\n\n","sortOrder":118},{"sectionNumber":"73C","sectionType":"section","heading":"Process for making towage service determination","content":"\t73C Process for making towage service determination\n\n(1) Subject to subsection (2), Ports Victoria must publish notice of a proposal to make a towage service determination in the Government Gazette before making the determination.\n\n(2) Ports Victoria must consult the port manager of a commercial trading port on a proposal to make a towage service determination that will apply to a towage service provided in the commercial trading port at least 30 days before publishing a notice under subsection (1).\n\n(3) A notice under subsection (1) must be published at least one month before the making of the determination.\n\n(4) A notice under subsection (1) must set out—\n\n(a) the proposed form and content of the determination; and\n\n(b) the fact that written submissions may be made on the proposed determination to Ports Victoria; and\n\n(c) the time within which the written submissions must be made under section 73D.\n\nS. 73D substituted by No. 19/2022 s. 32.\n\n","sortOrder":119},{"sectionNumber":"73D","sectionType":"section","heading":"Entitlement to make submissions","content":"\t73D Entitlement to make submissions\n\n(1) A person who is likely to be affected by a proposed determination notified under section 73C may make a written submission to Ports Victoria about the determination.\n\n(2) A submission under subsection (1) must be made within the time specified in the notice published under section 73C.\n\nDivision 3—Licence required to provide towage service\n\nS. 73E substituted by No. 19/2022 s. 32.\n\n","sortOrder":120},{"sectionNumber":"73E","sectionType":"section","heading":"What a towage service licence authorises","content":"\t73E What a towage service licence authorises\n\n(1) A towage service licence authorises the licence holder to provide the towage service specified in the licence in a commercial trading port specified in the licence.\n\n(2) An authority referred to in subsection (1) is subject to—\n\n(a) any other provision of this Act; and\n\n(b) the conditions specified in this Act and in the towage service licence.\n\nS. 73F substituted by No. 19/2022 s. 32.\n\n","sortOrder":121},{"sectionNumber":"73F","sectionType":"section","heading":"Offence to provide towage service without licence","content":"\t73F Offence to provide towage service without licence\n\nA person must not provide a towage service in a commercial trading port in respect of which there is a towage service determination in effect unless the person holds a towage service licence that—\n\n(a) authorises them to provide the towage service specified in the licence in that commercial trading port; and\n\n(b) is in force.\n\nDivision 4—Licensing process\n\nS. 73G substituted by No. 19/2022 s. 32.\n\n","sortOrder":122},{"sectionNumber":"73G","sectionType":"section","heading":"Application","content":"\t73G Application\n\n(1) A person who proposes to provide a towage service in a commercial trading port may apply to Ports Victoria for the issue of a towage service licence.\n\n(c) describe the towage service proposed to be provided; and\n\n(d) specify the commercial trading port in which the towage service is proposed to be provided; and\n\n(a) may require an applicant to provide further information or material in respect of the application; and\n\n(b) may require that the information or material be verified.\n\nS. 73H substituted by No. 19/2022 s. 32.\n\n","sortOrder":123},{"sectionNumber":"73H","sectionType":"section","heading":"Determination of application","content":"\t73H Determination of application\n\n(1) On receiving an application under section 73G, Ports Victoria may—\n\n(a) approve the application and issue a towage service licence; or\n\n(b) refuse the application.\n\n(2) In making a decision under subsection (1), Ports Victoria—\n\n(a) must have regard to whether the towage service described in the application meets requirements and standards set out in the towage service determination that applies to the provision of the towage service in the commercial trading port in which the towage service is proposed to be provided; and\n\n(b) may have regard to any other matter that Ports Victoria considers relevant.\n\nS. 73I substituted by No. 19/2022 s. 32.\n\n","sortOrder":124},{"sectionNumber":"73I","sectionType":"section","heading":"Conditions of towage service licence","content":"\t73I Conditions of towage service licence\n\n(1) A towage service licence is subject to any conditions that Ports Victoria thinks fit and specifies in the licence.\n\n(2) Without limiting subsection (1), Ports Victoria may make a towage service licence subject to a condition that—\n\n(a) the licence holder must provide the towage service specified in the licence in the commercial trading port specified in the licence in a way that meets the requirements and standards set out in the towage service determination that apply to the provision of a towage service in the specified commercial trading port; or\n\n(b) the licence holder must provide the towage service specified in the licence in the commercial trading port specified in the licence that departs, in a specified way, from the requirements and standards set out in the towage service determination that apply to the provision of a towage service in the specified commercial trading port.\n\nS. 73J substituted by No. 19/2022 s. 32.\n\n","sortOrder":125},{"sectionNumber":"73J","sectionType":"section","heading":"Compliance with licence conditions","content":"\t73J Compliance with licence conditions\n\nA licence holder must comply with the conditions to which the towage service licence is subject.\n\nS. 73K substituted by No. 19/2022 s. 32.\n\n","sortOrder":126},{"sectionNumber":"73K","sectionType":"section","heading":"Period a towage service licence is in effect","content":"\t73K Period a towage service licence is in effect\n\n(1) A towage service licence issued under section 73H(1)(a)—\n\n(a) takes effect on the day the towage service licence is issued; and\n\n(b) remains in effect for the period of 5 years commencing on the day the licence takes effect unless suspended, cancelled or surrendered.\n\n(2) A towage service licence may be renewed under Division 5.\n\nDivision 5—Renewal of towage service licence\n\nS. 73L substituted by No. 19/2022 s. 32.\n\n","sortOrder":127},{"sectionNumber":"73L","sectionType":"section","heading":"Application","content":"\t73L Application\n\n(1) A licence holder may apply to Ports Victoria for the renewal of the towage service licence they hold before the expiry of the licence.\n\n(c) describe the towage service proposed to be provided under the renewed licence; and\n\n(d) specify the commercial trading port in which the towage service is proposed to be provided under the renewed licence; and\n\n(a) may require an applicant to provide further information or material in respect of the application; and\n\n(b) may require that the information or material be verified.\n\nS. 73M substituted by No. 19/2022 s. 32.\n\n","sortOrder":128},{"sectionNumber":"73M","sectionType":"section","heading":"Determination of application","content":"\t73M Determination of application\n\n(1) On receiving an application under section 73L, Ports Victoria may—\n\n(a) approve the application and renew the towage service licence that is the subject of the application; or\n\n(b) refuse the application.\n\n(2) In making a decision under subsection (1), Ports Victoria—\n\n(a) must have regard to whether the towage service described in the application meets requirements and standards set out in the towage service determination that applies to the provision of the towage service in the commercial trading port in which the towage service is proposed to be provided under the renewed licence; and\n\n(b) may have regard to any other matter that Ports Victoria considers relevant.\n\n(3) If Ports Victoria approves an application under subsection (1), Ports Victoria may—\n\n(a) amend or remove any condition of the renewed towage service licence; or\n\n(b) impose a new condition on the renewed towage service licence.\n\nS. 73N substituted by No. 19/2022 s. 32.\n\n","sortOrder":129},{"sectionNumber":"73N","sectionType":"section","heading":"Towage service licence may be renewed more than once","content":"\t73N Towage service licence may be renewed more than once\n\nA towage service licence may be renewed under this Division more than once.\n\nDivision 6—Amendment of licence conditions\n\nS. 73O substituted by No. 19/2022 s. 32.\n\n","sortOrder":130},{"sectionNumber":"73O","sectionType":"section","heading":"Ports Victoria may amend or remove conditions or impose new conditions","content":"\t73O Ports Victoria may amend or remove conditions or impose new conditions\n\n(1) Ports Victoria, on Ports Victoria's own initiative, or on the written application of the licence holder, may—\n\n(a) amend or remove a condition of a towage service licence; or\n\n(b) impose a new condition on a towage service licence.\n\n(2) Ports Victoria must, before taking action under subsection (1) on its own initiative—\n\n(a) give the licence holder written notice of the action that Ports Victoria proposes to take and of the reasons for taking it; and\n\n(b) allow the licence holder to make written representations about the proposed action within 10 business days after being notified of it (or any other period that Ports Victoria and the licence holder agree).\n\n(3) Ports Victoria must give the licence holder written notice of the action taken under subsection (1) as soon as practicable after taking the action.\n\n(4) A notice under subsection (3) must—\n\n(a) include a statement of reasons for the action taken; and\n\n(b) inform the licence holder that they have a right to seek review of the decision of Ports Victoria to take the action under Division 9.\n\n","sortOrder":131},{"sectionNumber":"Div 7","sectionType":"division","heading":"Surrender of towage service licence","content":"Division 7—Surrender of towage service licence\n\nS. 73P substituted by No. 19/2022 s. 32.\n\n","sortOrder":132},{"sectionNumber":"73P","sectionType":"section","heading":"Surrender","content":"\t73P Surrender\n\nA licence holder may surrender their towage service licence to Ports Victoria.\n\n","sortOrder":133},{"sectionNumber":"Div 8","sectionType":"division","heading":"Disciplinary action","content":"Division 8—Disciplinary action\n\nS. 73Q substituted by No. 19/2022 s. 32.\n\n","sortOrder":134},{"sectionNumber":"73Q","sectionType":"section","heading":"When Ports Victoria may take disciplinary action against a licence holder","content":"\t73Q When Ports Victoria may take disciplinary action against a licence holder\n\nPorts Victoria may take disciplinary action under this Division against a licence holder in respect of a towage service licence held by the licence holder if Ports Victoria has reason to believe that—\n\n(a) the licence holder has contravened or is contravening a condition imposed on the towage service licence they hold; or\n\n(b) the licence holder has contravened or is contravening this Part; or\n\n(c) the towage service licence the licence holder holds was obtained because of false or misleading information given as part of, or in relation to, the application for the licence.\n\nNew s. 73R inserted by No. 19/2022 s. 32.\n\n","sortOrder":135},{"sectionNumber":"73R","sectionType":"section","heading":"Disciplinary actions that may be taken in relation to towage service licence","content":"\t73R Disciplinary actions that may be taken in relation to towage service licence\n\nSubject to this Division, Ports Victoria may take either or both of the following actions (***disciplinary actions***) in relation to a licence holder—\n\n(a) cancel the towage service licence the licence holder holds;\n\n(b) suspend the towage service licence the licence holder holds for a specified period or until a specified event occurs.\n\nS. 73S inserted by No. 19/2022 s. 32.\n\n","sortOrder":136},{"sectionNumber":"73S","sectionType":"section","heading":"Procedure for taking disciplinary action—show cause notice","content":"\t73S Procedure for taking disciplinary action—show cause notice\n\n(1) This section applies if Ports Victoria proposes to take disciplinary action against a licence holder under this Division.\n\n(2) Ports Victoria must serve on the licence holder a notice (a ***show cause notice***) that—\n\n(a) specifies the proposed disciplinary action (including any proposed period of suspension); and\n\n(b) specifies the grounds for the proposed disciplinary action; and\n\n(c) contains an outline of the facts and circumstances forming the basis for the grounds for the proposed disciplinary action; and\n\n(d) invites the licence holder to make a written submission within a specified period as to why the proposed disciplinary action should not be taken; and\n\n(e) states the consequences for the licence holder of not responding to the notice.\n\n(3) For the purposes of subsection (2)(d), the period specified in the show cause notice must be a period of at least 20 business days after the day on which the show cause notice is served on the licence holder.\n\nS. 73T inserted by No. 19/2022 s. 32.\n\n","sortOrder":137},{"sectionNumber":"73T","sectionType":"section","heading":"Ports Victoria may extend time for making submissions in relation to show cause notices","content":"\t73T Ports Victoria may extend time for making submissions in relation to show cause notices\n\n(1) A licence holder served a show cause notice under section 73S may request Ports Victoria to extend the time within which the holder may make a submission under a notice under that section.\n\n(2) A request must be in writing and set out the reasons for the request.\n\n(3) On receiving a request, Ports Victoria, by written notice served on the licence holder, may extend the time within which the holder may make the submission.\n\n(4) A notice under subsection (3) must state the new date by which the licence holder may make the submission.\n\nS. 73U inserted by No. 19/2022 s. 32.\n\n","sortOrder":138},{"sectionNumber":"73U","sectionType":"section","heading":"Decision on taking disciplinary action","content":"\t73U Decision on taking disciplinary action\n\n(1) If Ports Victoria is satisfied that grounds for taking disciplinary action against a licence holder have been established, it may take—\n\n(a) any disciplinary action specified in the show cause notice; or\n\n(b) disciplinary action that is less severe.\n\n(2) In deciding whether to take disciplinary action, Ports Victoria must consider any submission made to it by the licence holder in accordance with the show cause notice served on the holder.\n\n(3) Ports Victoria must, as soon as practicable, serve written notice on the licence holder of the decision with respect to taking, or not taking, disciplinary action.\n\n(4) If the decision is to take disciplinary action, the written notice must set out—\n\n(a) the disciplinary action being taken; and\n\n(b) the reasons for the decision; and\n\n(c) the date on which any cancellation or suspension takes effect.\n\n(5) The date set out in a notice under subsection (4) must not be earlier than 5 business days after the day on which the notice under subsection (3) is served.\n\nS. 73V inserted by No. 19/2022 s. 32.\n\n","sortOrder":139},{"sectionNumber":"73V","sectionType":"section","heading":"Effect of suspension of towage service licence","content":"\t73V Effect of suspension of towage service licence\n\n(1) This section applies if a licence holder's towage service licence is suspended under this Division.\n\n(2) During the period of the suspension of the towage service licence—\n\n(a) the towage service licence is taken not to be in effect; and\n\n(b) the person is taken not to be a licence holder; and\n\n(c) the person is disqualified from applying for a towage service licence.\n\n","sortOrder":140},{"sectionNumber":"Div 9","sectionType":"division","heading":"Internal and VCAT review of decisions","content":"Division 9—Internal and VCAT review of decisions\n\nSubdivision 1—Interpretation\n\nS. 73W inserted by No. 19/2022 s. 32.\n\n","sortOrder":141},{"sectionNumber":"73W","sectionType":"section","heading":"Reviewable decisions","content":"\t73W Reviewable decisions\n\n(1) The following Table sets out—\n\n(a) decisions made under this Part that are reviewable in accordance with this Part (***reviewable decisions***); and\n\n(b) who is eligible to apply for review of a reviewable decision (the ***eligible person*** in relation to the reviewable decision).\n\n**Table**\n\n| *Item* | *Provision under which reviewable decision is made* | *Eligible person in relation to reviewable decision* |\n| 1 | Section 73H(1) (refusal of application for towage service licence) | Applicant for towage service licence |\n| 2 | Section 73I(1)(a) (imposition of condition on towage service licence) | Licence holder |\n| 3 | Section 73M(1) (refusal of application for renewal of towage service licence) | Licence holder |\n| 4 | Section 73M(3)(a) (amendment or removal of condition of renewed towage service licence) | Licence holder |\n| 5 | Section 73M(3)(b) (imposition of new condition on renewed towage service licence) | Licence holder |\n| 6 | Section 73O(1)(a) (amendment or removal of condition of towage service licence by Ports Victoria on own initiative) | Licence holder |\n| 7 | Section 73O(1)(a) (refusal to amend or remove condition of towage service licence) | Licence holder |\n| 8 | Section 73O(1)(b) (imposition of new condition on towage service licence by Ports Victoria on own initiative) | Licence holder |\n| 9 | Section 73Q (the taking of disciplinary action) | Licence holder |\n\n(2) A ***reviewable decision*** does not include a decision referred to in the Table in subsection (1) that was affirmed, varied or substituted for another decision under section 73Z.\n\nSubdivision 2—Internal review\n\nS. 73X inserted by No. 19/2022 s. 32.\n\n","sortOrder":142},{"sectionNumber":"73X","sectionType":"section","heading":"Application for internal review","content":"\t73X Application for internal review\n\n(1) An eligible person may apply to Ports Victoria for review of a reviewable decision.\n\nSubdivision 3 provides for the review by VCAT of a reviewable decision.\n\n(2) An application under subsection (1) must be made within—\n\n(a) 20 business days after the day on which the decision first came to the eligible person's notice; or\n\n(b) such longer period as Ports Victoria allows.\n\n(3) An application under subsection (1) must be made in the manner and form determined by Ports Victoria.\n\nS. 73Y inserted by No. 19/2022 s. 32.\n\n","sortOrder":143},{"sectionNumber":"73Y","sectionType":"section","heading":"Ports Victoria may stay operation of decision subject to application for internal review","content":"\t73Y Ports Victoria may stay operation of decision subject to application for internal review\n\n(1) An application under section 73X does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Ports Victoria stays the operation of the decision pending the determination of the internal review—\n\n(a) on Ports Victoria's own initiative; or\n\n(b) on the application of the applicant for review.\n\n(2) Ports Victoria must make a decision on an application for a stay within 2 business days after the making of that application.\n\n(3) If Ports Victoria has not made a decision in accordance with subsection (2), it is taken to have made a decision to grant a stay.\n\n(4) Ports Victoria may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.\n\nS. 73Z inserted by No. 19/2022 s. 32.\n\n","sortOrder":144},{"sectionNumber":"73Z","sectionType":"section","heading":"Determination of application for internal review","content":"\t73Z Determination of application for internal review\n\n(1) On receiving an application made in accordance with section 73X, Ports Victoria must make a fresh decision—\n\n(a) that affirms or varies the reviewable decision; or\n\n(b) that sets aside the reviewable decision and substitutes another decision that it considers appropriate.\n\n(2) Ports Victoria must give a written notice (a ***decision notice***) to the applicant setting out—\n\n(a) the decision of Ports Victoria under subsection (1) and the reasons for the decision; and\n\n(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.\n\n(3) Ports Victoria must give a decision notice to the applicant within 20 business days after the application is made.\n\n(4) If Ports Victoria does not comply with subsection (3), Ports Victoria is taken to have made a decision to affirm the reviewable decision.\n\nSubdivision 3—VCAT review\n\nS. 73ZA inserted by No. 19/2022 s. 32.\n\n\t73ZA Review of Ports Victoria decisions by VCAT\n\n(1) An eligible person may apply to VCAT for review of a decision referred to in the Table in section 73W(1) made by Ports Victoria under section 73Z or otherwise.\n\n(2) An application under subsection (1) must be made within 28 days after the later of—\n\n(a) the day on which the decision of Ports Victoria was made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nDivision 10—Miscellaneous\n\nS. 73ZB inserted by No. 19/2022 s. 32.\n\n\t73ZB Register of holders of towage service licences\n\n(1) Ports Victoria must keep and maintain a register of every holder of a towage service licence.\n\n(2) The register kept under subsection (1) must set out—\n\n(a) the name and address of each holder of a towage service licence; and\n\n(b) the date of issue of each towage service licence held by a holder of a towage service licence; and\n\n(c) any other information that Ports Victoria determines should be included in the register.\n\nPt 4B (Headings and ss 73ZC–73ZQ) inserted by No. 19/2022 s. 33.\n\nPart 4B—Licensing of the provision of pilotage services in pilot required waters\n\nS. 73ZC inserted by No. 19/2022 s. 33. [[2]](#endnote-2)\n\n\t73ZC Definitions\n\n***applicable standards***—see section 73ZD;\n\n***business day*** means a day other than—\n\n(a) a Saturday or Sunday; or\n\n(b) a day appointed under the **Public Holidays Act 1993** as a public holiday or public half-holiday throughout the whole of Victoria;\n\n***licence holder*** means a holder of a pilotage services licence;\n\n***pilot required waters***  has the same meaning as in section 3(1) of the **Marine Safety Act 2010**;\n\n***pilotage services*** has the same meaning as in section 3(1) of the **Marine Safety Act 2010**;\n\n***pilotage services licence*** means a licence issued under section 73ZH(1);\n\n***pilotage services standards*** means standards determined by Ports Victoria under section 73ZK;\n\nS. 73ZC def. of *Safety Director* repealed by No. 34/2023 s. 127(Sch. 1 item 9.5(b)).\n\nS. 73ZD inserted by No. 19/2022 s. 33.\n\n\t73ZD Meaning of *applicable standards*\n\nFor the purposes of this Part, ***applicable standards*** are—\n\n(a) the pilotage services standards; and\n\n(b) any standards that are prescribed for or with respect to the provision of pilotage services in pilot required waters.\n\nDivision 2—Licence required to provide pilotage services\n\nS. 73ZE inserted by No. 19/2022 s. 33.\n\n\t73ZE What a pilotage services licence authorises\n\nSubject to this Act, a pilotage services licence authorises the licence holder to provide pilotage services specified in the licence in pilot required waters specified in the licence.\n\nS. 73ZF inserted by No. 19/2022 s. 33.\n\n\t73ZF Offence to provide pilotage services without licence\n\nA person must not provide pilotage services in pilot required waters unless the person holds a pilotage services licence that—\n\n(a) authorises them to provide the pilotage services specified in the licence in those pilot required waters; and\n\n(b) is in force.\n\nPenalty: In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 60 penalty units.\n\nDivision 3—Licensing process\n\nS. 73ZG inserted by No. 19/2022 s. 33.\n\n\t73ZG Application\n\n(1) A person who proposes to provide pilotage services in pilot required waters may apply to Ports Victoria for the issue of a pilotage services licence.\n\n(c) describe the pilotage services proposed to be provided; and\n\n(d) specify the pilot required waters in which the pilotage services are proposed to be provided; and\n\n(a) may require an applicant under subsection (1) to provide further information or material in respect of the application; and\n\n(b) may require that the information or material provided by the applicant be verified.\n\nS. 73ZH inserted by No. 19/2022 s. 33.\n\n\t73ZH Determination of application\n\n(1) On receiving an application under section 73ZG, Ports Victoria must—\n\n(a) approve the application and issue a pilotage services licence if Ports Victoria is satisfied that the pilotage services described in the application meet the applicable standards for the pilotage services that are proposed to be provided; or\n\n(b) if Ports Victoria is not so satisfied—refuse the application.\n\n(2) A pilotage services licence issued under subsection (1)—\n\n(a) takes effect on the day the pilotage services licence is issued; and\n\n(b) remains in effect unless suspended, cancelled or surrendered.\n\nS. 73ZI inserted by No. 19/2022 s. 33.\n\n\t73ZI Cancellation or suspension of pilotage services licence\n\nS. 73ZI(1) amended by No. 34/2023 s. 127(Sch. 1 item 9.6).\n\n(1) This section applies if Safe Transport Victoria notifies Ports Victoria under section 171A of the **Marine Safety Act 2010** of the cancellation or suspension of a registration of a pilotage services provider under that Act.\n\n(2) In the case of a notification of the cancellation of registration of the pilotage services provider who is a licence holder , Ports Victoria must without delay cancel the pilotage services licence held by that provider.\n\n(3) In the case of a notification of the suspension of registration of the pilotage services provider who is a licence holder, Ports Victoria must without delay suspend the pilotage services licence held by that provider until the day the suspension of registration ends.\n\nS. 73ZJ inserted by No. 19/2022 s. 33.\n\n\t73ZJ Surrender of pilotage services licence\n\nA licence holder may surrender their pilotage services licence to Ports Victoria.\n\nDivision 4—Pilotage services standards\n\nS. 73ZK inserted by No. 19/2022 s. 33.\n\n\t73ZK Determination of pilotage services standards\n\n(1) Ports Victoria may determine standards for or with respect to the provision of pilotage services by pilotage services providers in pilot required waters.\n\n(2) Without limiting subsection (1), standards determined under that subsection may do either or both of the following—\n\n(a) require a specified level of knowledge of, or skills and expertise in using, Victorian port navigation systems to ensure pilotage services are provided safely;\n\n(b) require a specified level of knowledge and understanding of harbour master directions that apply in pilot required waters to ensure pilotage services are provided safely.\n\n(3) Standards determined under subsection (1) may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances.\n\n(4) Ports Victoria must publish standards it determines under subsection (1) on its internet site.\n\nDivision 5—Internal and VCAT review of decisions\n\nSubdivision 1—Interpretation\n\nS. 73ZL inserted by No. 19/2022 s. 33.\n\n\t73ZL Reviewable decisions\n\n(1) The following Table sets out—\n\n(a) decisions made under this Part that are reviewable in accordance with this Part (***reviewable decisions***); and\n\n(b) who is eligible to apply for review of a reviewable decision (the ***eligible person*** in relation to the reviewable decision).\n\n**Table**\n\n| *Item* | *Provision under which reviewable decision is made* | *Eligible person in relation to reviewable decision* |\n| 1 | Section 73ZH(1)(b) (refusal of application for pilotage services licence) | Applicant for pilotage services licence |\n\n(2) A ***reviewable decision*** does not include a decision referred to in the Table in subsection (1) that was affirmed, varied or substituted for another decision under section 73ZO.\n\nSubdivision 2—Internal review\n\nS. 73ZM inserted by No. 19/2022 s. 33.\n\n\t73ZM Application for internal review\n\n(1) An eligible person may apply to Ports Victoria for review of a reviewable decision.\n\nSubdivision 3 provides for the review by VCAT of a reviewable decision.\n\n(2) An application under subsection (1) must be made within—\n\n(a) 20 business days after the day on which the decision first came to the eligible person's notice; or\n\n(b) such longer period as Ports Victoria allows.\n\n(3) An application under subsection (1) must be made in the manner and form determined by Ports Victoria.\n\nS. 73ZN inserted by No. 19/2022 s. 33.\n\n\t73ZN Ports Victoria may stay operation of decision subject to application for internal review\n\n(1) An application under section 73ZM does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Ports Victoria stays the operation of the decision pending the determination of the internal review—\n\n(a) on Ports Victoria's own initiative; or\n\n(b) on the application of the applicant for review.\n\n(2) Ports Victoria must make a decision on an application for a stay within 2 business days after the making of that application.\n\n(3) If Ports Victoria has not made a decision in accordance with subsection (2), it is taken to have made a decision to grant a stay.\n\n(4) Ports Victoria may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.\n\nS. 73ZO inserted by No. 19/2022 s. 33.\n\n\t73ZO Determination of application for internal review\n\n(1) On receiving an application made in accordance with section 73ZM, Ports Victoria must make a fresh decision—\n\n(a) that affirms or varies the reviewable decision; or\n\n(b) that sets aside the reviewable decision and substitutes another decision that it considers appropriate.\n\n(2) Ports Victoria must give a written notice (a ***decision notice***) to the applicant setting out—\n\n(a) the decision of Ports Victoria under subsection (1) and the reasons for the decision; and\n\n(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.\n\n(3) Ports Victoria must give a decision notice to the applicant within 20 business days after the application is made.\n\n(4) If Ports Victoria does not comply with subsection (3), Ports Victoria is taken to have made a decision to affirm the reviewable decision.\n\nSubdivision 3—VCAT review\n\nS. 73ZP inserted by No. 19/2022 s. 33.\n\n\t73ZP Review of Ports Victoria decisions by VCAT\n\n(1) An eligible person may apply to VCAT for review of a decision referred to in the Table in section 73ZL(1) made by Ports Victoria under section 73ZO or otherwise.\n\n(2) An application under subsection (1) must be made within 28 days after the later of—\n\n(a) the day on which the decision of Ports Victoria was made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nDivision 6—Miscellaneous\n\nS. 73ZQ inserted by No. 19/2022 s. 33.\n\n\t73ZQ Register of holders of pilotage services licences\n\n(1) Ports Victoria must keep and maintain a register of every holder of a pilotage services licence.\n\n(2) The register kept under subsection (1) must set out—\n\n(a) the name and address of each holder of a pilotage services licence; and\n\n(b) the date of issue of each pilotage services licence held by a holder of a pilotage services licence; and\n\n(c) any other information that Ports Victoria determines should be included in the register.\n\nPt 5 (Heading) amended by No. 63/2007 s. 11.\n\nPart 5—Port fees\n\nS. 74AA inserted by No. 10/2016 s. 123.\n\n\t74AA Definitions\n\n***anchorage fee*** means a channel fee for the provision of an anchorage;\n\nA channel includes anchorages—see the definition of ***channel*** in section 3(1).\n\n***approved channel fee*** means a channel fee approved by Order in Council under section 74AB;\n\n***approved wharfage fee*** means a wharfage fee approved by Order in Council under section 74AB;\n\nS. 74AA def. of *designated State port entity* amended by Nos 10/2016 s. 179(Sch. 1 item 7.17), 19/2022 s. 44.\n\n***designated State port entity*** means any of the following entities designated by Order in Council under section 74AB—\n\n(a) Ports Victoria;\n\n(b) a public entity other than Ports Victoria.\n\nS. 74AB inserted by No. 10/2016 s. 123.\n\n\t74AB Designated State port entities and approved wharfage fees and channel fees\n\nThe Governor in Council, by Order published in the Government Gazette, may do any one or more of the following—\n\nS. 74AB(a) amended by Nos 10/2016 s. 179(Sch. 1 item 7.18), 19/2022 s. 45(a).\n\n(a) designate Ports Victoria or another public entity as a designated State port entity;\n\n(b) approve a wharfage fee determined by a designated State port entity under section 74 as an approved wharfage fee;\n\nS. 74AB(c) amended by Nos 10/2016 s. 179(Sch. 1 item 7.18), 19/2022 s. 45(a).\n\n(c) approve a channel fee (other than an anchorage fee) determined by Ports Victoria under section 75 as an approved channel fee.\n\nNote to s. 74AB(c) amended by Nos 10/2016 s. 179(Sch. 1 item 7.19), 19/2022 s. 45(b).\n\nPorts Victoria is the channel operator for port of Melbourne waters—see the definition of ***channel operator*** in section 3(1).\n\nS. 74 (Heading) substituted by No. 38/2011 s. 26(1).\n\nS. 74 amended by No. 23/2003 s. 10, substituted by No. 63/2007 s. 12.\n\n","sortOrder":145},{"sectionNumber":"74","sectionType":"section","heading":"Wharfage fees—Port of Melbourne","content":"\t74 Wharfage fees—Port of Melbourne\n\nS. 74(1) amended by Nos 45/2010 s. 36, 38/2011 s. 26(2), substituted by No. 10/2016 s. 124(1).\n\n(1) Subject to this Part—\n\n(a) the port of Melbourne operator may determine a wharfage fee in respect of the provision of a site in the port of Melbourne at which stevedoring operations may be carried out; and\n\n(b) a designated State port entity may determine a wharfage fee in respect of the provision of a site in the port of Melbourne at which stevedoring operations may be carried out.\n\nS. 74(2) amended by No. 10/2016 s. 124(2).\n\n(2) A fee determined under subsection (1) may be calculated by reference to the quantity, volume, weight or value of cargo loaded or unloaded at the site.\n\nS. 74(2A) inserted by No. 10/2016 s. 124(3).\n\n(2A) The calculation of a fee by the port of Melbourne operator as provided under subsection (2) is subject to Part 3.\n\nS. 74(3) amended by No. 10/2016 s. 124(4).\n\n(3) Subject to this Act, different fees may be determined under subsection (1) in respect of a site or a class of site, or cargo or a class of cargo, or a vessel or a class of vessel or according to any other factors that the port of Melbourne operator or designated State port entity determines.\n\nS. 74(4) amended by No. 10/2016 s. 124(5).\n\n(4) A fee determined under subsection (1)(a) is payable to the port of Melbourne operator and a fee determined under subsection (1)(b) that is an approved wharfage fee is payable to the designated State port entity that determined it—\n\n(a) in the case of cargo unloaded from a vessel at the site, by the person who, immediately after it is unloaded, is the owner of the cargo; and\n\n(b) in the case of cargo loaded onto a vessel at the site, by the person who, immediately before it is loaded, is the owner of the cargo; and\n\n(c) in the case of the loading of an empty container onto a vessel or the unloading of an empty container from a vessel at the site, by the person who is the owner of the vessel.\n\nS. 74(5) amended by No. 10/2016 s. 124(6).\n\n(5) If a fee determined under subsection (1)(a) or an approved wharfage fee, or any part of such a fee, is not paid by the person liable under subsection (4)(a) or (b) to pay it, that person and the person who, at the time payment is demanded by the port of Melbourne operator or designated State port entity (as the case requires), is the owner of the cargo are jointly and severally liable for the payment of the fee.\n\n(6) Nothing in this section affects a fee payable for services specified in subsection (1) in accordance with the terms of a contract.\n\nS. 74A inserted by No. 38/2011 s. 27.\n\n","sortOrder":146},{"sectionNumber":"74A","sectionType":"section","heading":"Wharfage fees—Port of Hastings","content":"\t74A Wharfage fees—Port of Hastings\n\n(1) Subject to this Part, the Port of Hastings Development Authority may determine a wharfage fee in respect of the provision of a site in the port of Hastings at which stevedoring operations may be carried out.\n\n(2) Subject to Part 3, a fee determined under subsection (1) may be calculated by reference to the quantity, volume, weight or value of cargo loaded or unloaded at the site.\n\n(3) Subject to this Act, different fees may be determined under subsection (1) in respect of a site or a class of site, or cargo or a class of cargo, or a vessel or a class of vessel or according to any other factors that the Port of Hastings Development Authority determines.\n\n(4) A fee determined under subsection (1) is payable to the Port of Hastings Development Authority—\n\n(a) in the case of cargo unloaded from a vessel at the site, by the person who, immediately after it is unloaded, is the owner of the cargo; and\n\n(b) in the case of cargo loaded onto a vessel at the site, by the person who, immediately before it is loaded, is the owner of the cargo; and\n\n(c) in the case of the loading of an empty container onto a vessel or the unloading of an empty container from a vessel at the site, by the person who is the owner of the vessel.\n\n(5) If a fee determined under subsection (1), or any part of such a fee, is not paid by the person liable under subsection (4)(a) or (b) to pay it, that person and the person who, at the time payment is demanded by the Port of Hastings Development Authority, is the owner of the cargo are jointly and severally liable for the payment of the fee.\n\n(6) Nothing in this section affects a fee payable for services specified in subsection (1) in accordance with the terms of a contract.\n\nS. 75 amended by No. 85/2003 s. 30(2), substituted by No. 63/2007 s. 13.\n\n","sortOrder":147},{"sectionNumber":"75","sectionType":"section","heading":"Channel fees","content":"\t75 Channel fees\n\n(1) Subject to this Part—\n\nS. 75(1)(a) amended by No. 19/2022 s. 46(a).\n\n(a) Ports Victoria may determine fees for—\n\nS. 75(1)(a)(i) amended by Nos 10/2016 s. 125(1)(a), 19/2022 s. 46(a).\n\n(i) the provision of channels by Ports Victoria in the port waters of Ports Victoria for use by vessels, not being channels in the port waters of a channel operator; and\n\n(ii) any service related to the provision of the service described in subparagraph (i); and\n\nS. 75(1)(b) substituted by No. 10/2016 s. 125(1)(b).\n\n(b) a channel operator may determine fees for—\n\n(i) the provision of channels by the channel operator in the port waters of the channel operator for use by vessels; and\n\n(ii) any service related to the provision of the service described in subparagraph (i); and\n\nNote to s. 75(1)(b) amended by Nos 10/2016 s. 179(Sch. 1 item 7.20), 19/2022 s. 46(b).\n\nPorts Victoria is the channel operator for port of Melbourne waters—see the definition of ***channel operator*** in section 3(1).\n\nS. 75(1)(c) inserted by No. 10/2016 s. 125(1)(b).\n\n(c) the port of Melbourne operator may determine fees for—\n\n(i) the provision of channels (other than anchorages) by the port of Melbourne operator in port of Melbourne waters for use by vessels; and\n\n(ii) any service related to the provision of the service described in subparagraph (i).\n\n(2) A fee determined under subsection (1)—\n\n(a) may be calculated by reference to the tonnage of a vessel or in any other manner; and\n\n(b) may differ according the nature of any vessel or any cargo on any vessel; and\n\nS. 75(2)(c) substituted by No. 10/2016 s. 125(2).\n\n(c) may differ according to the length of time vessels are in—\n\nS. 75(2)(c)(i) amended by No. 19/2022 s. 46(c).\n\n(i) if the fee is determined by Ports Victoria or the channel operator, the port waters of a port serviced by Ports Victoria or the channel operator (as the case requires); and\n\n(ii) if the fee is determined by the port of Melbourne operator, port of Melbourne waters.\n\nS. 75(2A) inserted by No. 10/2016 s. 125(3).\n\n(2A) A fee determined by the port of Melbourne operator as provided under subsection (2) is subject to Part 3.\n\nS. 75(3) amended by No. 10/2016 s. 125(4).\n\n(3) Subject to subsection (3A), a fee determined under subsection (1) is payable by the person or persons specified in the determination, who must be one or more of the following—\n\n(a) the owner of any vessel that has used, is using or proposes to use the channel;\n\n(b) the person who, immediately after any cargo is unloaded from a vessel that has used the channel, is the owner of the cargo;\n\n(c) the person who, immediately before cargo is loaded onto a vessel that proposes to use the channel, is the owner of the cargo.\n\nS. 75(3A) inserted by No. 10/2016 s. 125(5), amended by Nos 10/2016 s. 179(Sch. 1 item 7.21), 19/2022 s. 46(d).\n\n(3A) A fee determined under subsection (1) by Ports Victoria (other than an anchorage fee) is not payable under subsection (3) unless the fee is an approved channel fee.\n\nNote to s. 75(3A) amended by Nos 10/2016 s. 179(Sch. 1 item 7.22), 19/2022 s. 46(e).\n\nPorts Victoria is the channel operator for port of Melbourne waters—see the definition of ***channel operator*** in section 3(1).\n\nS. 75(4) amended by Nos 10/2016 s. 125(6), 19/2022 s. 46(f).\n\n(4) If a fee determined under subsection (1) is not paid by the person liable under the determination to pay it, that person and the person who is the owner of the cargo, at the time payment is demanded by Ports Victoria, the channel operator or the port of Melbourne operator (as the case requires), are jointly and severally liable for the payment of the fee.\n\n(5) Nothing in this section affects a fee payable for the services specified in subsection (1) in accordance with the terms of a contract.\n\nSs 76, 77  \nrepealed by No. 51/1996 s. 10(1).\n\nS. 78 (Heading) inserted by No. 63/2007 s. 18(Sch. item 1(1)).\n\n","sortOrder":148},{"sectionNumber":"78","sectionType":"section","heading":"Payment of wharfage and channel fees","content":"\t78 Payment of wharfage and channel fees\n\nS. 78(1) amended by Nos 23/2003 s. 17(Sch. item 3(1)), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 1(2)), 38/2011 s. 28(1), 10/2016 s. 126(1), 19/2022 s. 47(a).\n\n(1) A wharfage fee or channel fee under this Part is payable on demand by the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator (as the case requires), or at such time, or on such terms, as the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator may determine in respect of the person liable to pay it.\n\nS. 78(2) amended by Nos 23/2003 s. 17(Sch. item 3(2)), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 1(3)), 38/2011 s. 28(2), 10/2016 s. 126(2), 19/2022 s. 47(b).\n\n(2) Agents may be appointed by the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator for collection of wharfage fees or channel fees.\n\nS. 78(3) amended by Nos 23/2003 s. 17(Sch. item 3(3)), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 1(4)), 38/2011 s. 28(3), 10/2016 s. 126(2), 19/2022 s. 47(b).\n\n(3) A wharfage fee or channel fee under this Part is a debt due to the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator (as the case requires) from the person liable to pay it and is recoverable in a court of competent jurisdiction.\n\nS. 78(4) repealed by No. 63/2007 s. 18(Sch. item 1(5)).\n\n","sortOrder":149},{"sectionNumber":"79","sectionType":"section","heading":"Interest on overdue payments","content":"\t79 Interest on overdue payments\n\nS. 79(1) amended by Nos 23/2003 s. 17(Sch. item 4), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 2(1)), 38/2011 s. 29, 10/2016 s. 127, 19/2022 s. 48.\n\n(1) Wharfage fees and channel fees under this Part that are unpaid by the due date may, if the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator so requires, attract interest at a rate determined by it.\n\nS. 79(2) amended by No. 63/2007 s. 18(Sch. item 2(2)).\n\n(2) Different rates may be determined for fees that remain unpaid for different periods of time.\n\n(3) The rate determined in respect of any period is not to exceed the prescribed rate.\n\nS. 80 (Heading) inserted by No. 63/2007 s. 18(Sch. item 3(1)).\n\n","sortOrder":150},{"sectionNumber":"80","sectionType":"section","heading":"Security for payment of wharfage and channel fees","content":"\t80 Security for payment of wharfage and channel fees\n\nS. 80(1) amended by Nos 23/2003 s. 17(Sch. item 5(1)), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 3(2)), 38/2011 s. 30(1), 10/2016 s. 128(1), 19/2022 s. 49(a).\n\n(1) As security for the payment of wharfage fees or channel fees that have been or may be incurred under this Part by a person, the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator may require the person to lodge with it a security deposit.\n\nS. 80(2) amended by Nos 11/2001 s. 3(Sch. item 57), 23/2003 s. 17(Sch. item 5(2)), 85/2003 s. 30(2), 38/2011 s. 30(2), 10/2016 s. 128(2), 19/2022 s. 49(b).\n\n(2) The security deposit may take the form of cash or a guarantee provided by a body permitted to use the expression ***bank*** under section 66 of the Banking Act 1959 of the Commonwealth or such other form as the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator may approve, and is to be in or for an amount determined by the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator.\n\nS. 80(3) amended by Nos 23/2003 s. 17(Sch. item 5(3)), 85/2003 s. 30(2), 38/2011 s. 30(3), 10/2016 s. 128(1), 19/2022 s. 49(a).\n\n(3) The port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or a channel operator may appropriate a security deposit or the proceeds of a security deposit to meet liabilities of the depositor (including any interest payable) under this Part that are unpaid after becoming due.\n\nS. 80(4) amended by Nos 23/2003 s. 17(Sch. item 5(4)), 85/2003 s. 30(2), 38/2011 s. 30(4), 10/2016 s. 128(1), 19/2022 s. 49(a).\n\n(4) If a security deposit or the proceeds of a security deposit have been appropriated or partly appropriated, the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or the channel operator may require lodgement of further security.\n\nS. 80(5) amended by Nos 23/2003 s. 17(Sch. item 5(5)), 85/2003 s. 30(2), 38/2011 s. 30(5), 10/2016 s. 128(1), 19/2022 s. 49(a).\n\n(5) If at any time the port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or a channel operator considers that a depositor's potential liabilities under this Part should be more adequately guaranteed, it may require the lodgement of security in a greater amount, or in a different form or both.\n\n","sortOrder":151},{"sectionNumber":"81","sectionType":"section","heading":"Liability of current owners and agents","content":"\t81 Liability of current owners and agents\n\nS. 81(1) amended by Nos 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 4(1)), 10/2016 s. 129, 19/2022 s. 50.\n\n(1) To the extent to which a channel fee under this Part is not paid by the person who was the owner of the vessel at the time the fee was incurred, the fee is payable by the person who is the owner at the time payment is demanded by Ports Victoria, the channel operator or the port of Melbourne operator.\n\nS. 81(2) amended by No. 63/2007 s. 18(Sch. item 4(2)).\n\n(2) If, when a vessel left port waters—\n\n(a) there was an agent for the berthing or working of the vessel; and\n\n(b) there was no other agent for the vessel—\n\nthat agent is liable, to the same extent as the owner of the vessel, for unpaid channel fees under this Part incurred by the vessel while in port waters.\n\nS. 81(3) amended by No. 63/2007 s. 18(Sch. item 4(3)).\n\n(3) If, when a vessel left port waters, there was an agent for the vessel other than an agent for the berthing or working of the vessel, that agent is liable, to the same extent as the owner of the vessel, for any such unpaid fees.\n\nS. 82 (Heading) inserted by No. 63/2007 s. 18(Sch. item 5(1)).\n\n","sortOrder":152},{"sectionNumber":"82","sectionType":"section","heading":"Waiver or refund of wharfage or channel fees","content":"\t82 Waiver or refund of wharfage or channel fees\n\nS. 82 amended by Nos 23/2003 s. 17(Sch. item 6), 85/2003 s. 30(2), 63/2007 s. 18(Sch. item 5(2)), 38/2011 s. 31, 10/2016 s. 130, 19/2022 s. 51.\n\nThe port of Melbourne operator, the designated State port entity, the Port of Hastings Development Authority, Ports Victoria or a channel operator may waive or refund the whole or any part of a wharfage fee or channel fee under this Part that is due to it in any particular case or class of cases.\n\nPt 5A (Heading and ss 83‑88H) inserted by No. 63/2007 s. 14.\n\n","sortOrder":153},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Powers to restrict access to areas","content":"Part 5A—Powers to restrict access to areas\n\nNew s. 83 inserted by No. 63/2007 s. 14.\n\n","sortOrder":154},{"sectionNumber":"83","sectionType":"section","heading":"Definitions","content":"\t83 Definitions\n\nS. 83 def. of *authorised person* amended by Nos 65/2010 s. 419(4) (as amended by No. 78/2011 s. 43), 73/2013 s. 99(a), 37/2014 s. 10(Sch. item 128.2), 26/2018 s. 97(3), 19/2018 s. 248, 39/2018 s. 51(1).\n\n***authorised person*** means a person—\n\n(a) acting under a certificate of authorisation under section 88G; or\n\n(b) who is a police officer, acting in the course of his or her duties as such a police officer; or\n\n(c) who is—\n\n(i) an employee in the public service within the meaning of the **Public Administration Act 2004**; or\n\n(ii) an officer or employee of a public body—\n\nwho is performing duties or functions under this Act, the **Marine and Coastal Act 2018**, the **Conservation, Forests and Lands Act 1987**, the **Crown Land (Reserves) Act 1978**, the **Dangerous Goods Act 1985**, the **Emergency Management Act 1986** or the **Emergency Management Act 2013**, the **Environment** **Protection Act 2017**, the **Fisheries Act 1995**, the **Flora and Fauna Guarantee Act 1988**, the **Land Act 1958**, the **Marine Safety Act 2010**, the **National Parks Act 1975**, the **Occupational Health and Safety Act 2004**, the **Parks Victoria Act** **2018**, the **Planning and Environment Act 1987**, the **Pollution of Waters by Oil and Noxious Substances Act 1986** or the **Water Act 1989** or any regulations made under any one of those Acts;\n\nS. 83 def. of *port waters* amended by Nos 45/2010 s. 37, 19/2022 s. 52(a).\n\n***port waters***, in relation to Ports Victoria, means any waters in respect of which Ports Victoria has functions under Division 3 of Part 6 of the **Transport Integration Act 2010**;\n\nS. 83 def. of *recom-mending authority* amended by Nos 38/2011 s. 32, 10/2016 ss 131, 179(Sch. 1 item 7.23), 19/2022 s. 52(b).\n\n***recommending authority***—\n\n(a) in relation to an area, the declaration of which as a restricted access area is or may be recommended by Ports Victoria, means Ports Victoria; or\n\n(ab) in relation to an area, the declaration of which as a restricted access area is or may be recommended by the port of Melbourne operator, means the port of Melbourne operator; or\n\n(c) in relation to an area, the declaration of which as a restricted access area is or may be recommended by the Port of Hastings Development Authority, means the Port of Hastings Development Authority;\n\n***restricted access area declaration*** means a declaration made under section 84 (whether or not amended under Division 2).\n\nDivision 2—Declaration of areas\n\nNew s. 84 inserted by No. 63/2007 s. 14.\n\n","sortOrder":155},{"sectionNumber":"84","sectionType":"section","heading":"Making a declaration of restricted access area","content":"\t84 Making a declaration of restricted access area\n\nS. 84(1) amended by Nos 10/2016 s. 179(Sch. 1 item 7.24), 19/2022 s. 53(a).\n\n(1) The Minister, on the recommendation of Ports Victoria may declare—\n\nS. 84(1)(a) amended by No. 45/2010 s. 38(1)(2), substituted by No. 38/2011 s. 33(1), amended by No. 10/2016 s. 132(1).\n\n(a) that any part of port of Melbourne waters or port of Melbourne land, that is not leased port of Melbourne land, that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted; or\n\nS. 84(1)(b) amended by Nos 45/2010 s. 38(3), 38/2011 s. 33(2)(a).\n\n(b) that, in relation to a vessel, while the vessel is in port of Melbourne waters, the area that is—\n\n(i) within a specified distance of the vessel (not being a distance of more than 1·4 kilometres); and\n\nS. 84(1)(b)(ii) substituted by Nos 45/2010 s. 38(4), 38/2011 s. 33(2)(b).\n\n(ii) within port of Melbourne waters or port of Melbourne land—\n\nis an area to which access is restricted.\n\nS. 84(1AA) inserted by No. 10/2016 s. 132(2).\n\n(1AA) The Minister, on the recommendation of the port of Melbourne operator, may declare that any part of leased port of Melbourne land that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted.\n\nS. 84(1A) inserted by No. 38/2011 s. 33(3).\n\n(1A) The Minister, on the recommendation of the Port of Hastings Development Authority may declare that any part of port of Hastings land that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted.\n\nS. 84(2) amended by No. 19/2022 s. 53(b).\n\n(2) The Minister, on the recommendation of Ports Victoria may declare—\n\nS. 84(2)(a) amended by No. 19/2022 s. 53(b).\n\n(a) that a part of any port waters of Ports Victoria, that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted; or\n\nS. 84(2)(b) amended by No. 19/2022 s. 53(b).\n\n(b) that, in relation to a vessel, while the vessel is in port waters of Ports Victoria, the area that is—\n\n(i) within a specified distance of the vessel (not being a distance of more than 1⋅4 kilometres); and\n\nS. 84(2)(b)(ii) amended by No. 19/2022 s. 53(b).\n\n(ii) within port waters of Ports Victoria—\n\nis an area to which access is restricted.\n\n(3) The Minister must not make a declaration under this section unless—\n\n(a) the Minister is satisfied that the declaration is necessary to enable the recommending authority to carry out its powers or functions and give effect to its objectives under this Act; and\n\n(b) if any area or part of an area that is to be declared under subsection (1) or (2)—\n\n(i) is reserved or deemed to be reserved under the **Crown Land (Reserves) Act 1978**; or\n\n(ii) is within 100 metres of land that is reserved or deemed to be reserved under the **Crown Land (Reserves) Act 1978**—\n\nthe Minister has first consulted the Minister administering that Act.\n\n(4) A park or a part of a park, within the meaning of the **National Parks Act 1975**, is not to be taken to be the subject of a declaration under this section, unless the Minister administering that Act consents to the application of the declaration to the park or the part of the park.\n\nS. 84(5) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), 34/2023 s. 127(Sch. 1 item 9.7).\n\n(5) If any area or part of an area that is to be declared under subsection (1) or (2) is in port waters of a recommending authority, the recommending authority must not recommend the declaration of the area unless the authority has first consulted Safe Transport Victoria.\n\n(6) If any area or part of an area that is to be declared under subsection (1) or (2) is within 100 metres of a park or a part of a park, within the meaning of the **National Parks Act 1975**, the recommending authority must not recommend the declaration of the area unless the authority has first consulted the Secretary, within the meaning of that Act.\n\nS. 84(7) amended by Nos 45/2010 s. 38(5), 19/2022 s. 53(c).\n\n(7) Ports Victoria must not recommend the declaration of a restricted access area under subsection (2) in relation to port waters of Ports Victoria in respect of which Ports Victoria has delegated any of its functions under Division 3 of Part 6 of the **Transport Integration Act 2010**, unless Ports Victoria has first consulted with the person or body to whom Ports Victoria has delegated the functions.\n\nNew s. 85 inserted by No. 63/2007 s. 14, amended by No. 10/2016 s. 133.\n\n","sortOrder":156},{"sectionNumber":"85","sectionType":"section","heading":"Effect of declaration","content":"\t85 Effect of declaration\n\nThe Minister may specify in a declaration under section 84(1), (1AA), (1A) or (2) any of the following—\n\n(a) vessels or classes of vessels that may or may not have access to the area, and, in relation to vessels, any of the following—\n\n(i) purposes for which vessels may or may not have access to the area;\n\n(ii) times during which vessels may or may not have access to the area;\n\n(iii) activities that may or may not be carried out by vessels having access to the area;\n\n(b) persons or classes of persons that may or may not have access to the area, and, in relation to persons, any of the following—\n\n(i) purposes for which persons may or may not have access to the area;\n\n(ii) times during which persons may or may not have access to the area;\n\n(iii) activities that may or may not be carried out by persons having access to the area;\n\n(c) any conditions relating to access to the area.\n\nNew s. 86 inserted by No. 63/2007 s. 14.\n\n","sortOrder":157},{"sectionNumber":"86","sectionType":"section","heading":"Provisions as to restricted access area declarations","content":"\t86 Provisions as to restricted access area declarations\n\n(1) A restricted access area declaration—\n\n(a) must be made by instrument published in the Government Gazette; and\n\n(b) may describe an area by reference to a map, plan or otherwise.\n\n(2) A restricted access area declaration takes effect—\n\n(a) on the day that it is published in the Government Gazette; or\n\n(b) if a later day is specified in the declaration, on that day.\n\n(3) A restricted access area declaration remains in force, for the period specified in the declaration, unless the declaration is sooner revoked, but, in any case, for no more than 12 months.\n\nNew s. 87 inserted by No. 63/2007 s. 14.\n\n","sortOrder":158},{"sectionNumber":"87","sectionType":"section","heading":"Amendment or revocation of declaration","content":"\t87 Amendment or revocation of declaration\n\nThe Minister may amend or revoke a restricted access area declaration in the same manner as that in which it is made.\n\nNew s. 88 inserted by No. 63/2007 s. 14.\n\n","sortOrder":159},{"sectionNumber":"88","sectionType":"section","heading":"Publication of declaration","content":"\t88 Publication of declaration\n\nThe recommending authority for a restricted access area declaration must—\n\n(a) publish the declaration in a newspaper circulating generally throughout Victoria; and\n\n(b) publish the declaration in a manner that makes it readily accessible to a person likely to enter the area; and\n\n(c) publish the declaration on the Internet.\n\nS. 88A inserted by No. 63/2007 s. 14.\n\n","sortOrder":160},{"sectionNumber":"88A","sectionType":"section","heading":"Operation of declaration where inconsistent with other powers","content":"\t88A Operation of declaration where inconsistent with other powers\n\nS. 88A(1) amended by Nos 6/2010 s. 203(1)(Sch. 6 item 36.2) (as amended by No. 45/2010 s. 22), 34/2023 s. 127(Sch. 1 item 9.8).\n\n(1) In the case of any inconsistency between a power that may be exercised by Safe Transport Victoria or another person under a relevant law and a power that may be exercised in respect of a restricted access area, the power that may be exercised under the relevant law prevails.\n\nS. 88A(2) amended by No. 65/2010 s. 419(4A) (as amended by No. 78/2011 s. 43).\n\n(2) In this section, ***relevant law*** means any provision of this Act (other than this Part), the **Marine Safety Act 2010**, regulations made under this Act (other than in respect of this Part) or regulations made under the **Marine Safety Act 2010**.\n\nDivision 3—Offences and other enforcement powers in relation to areas\n\nS. 88B inserted by No. 63/2007 s. 14.\n\n","sortOrder":161},{"sectionNumber":"88B","sectionType":"section","heading":"Offence to enter restricted access area","content":"\t88B Offence to enter restricted access area\n\n(1) A person, who is not an authorised person, must not enter into or remain in a restricted access area, or cause a vessel to enter into or remain in a restricted access area, in contravention of the declaration of the area.\n\n(2) In any proceedings for an offence against subsection (1), it is a defence if the person charged with the offence has a reasonable excuse for entering into or remaining in the area in respect of which the proceedings have been brought.\n\nS. 88C inserted by No. 63/2007 s. 14.\n\n","sortOrder":162},{"sectionNumber":"88C","sectionType":"section","heading":"Interference with activities","content":"\t88C Interference with activities\n\n(1) A person, who is not an authorised person, must not, in contravention of a declaration of a restricted access area—\n\n(a) interfere with or hinder; or\n\n(b) cause any other person to interfere with or hinder—\n\nthe carrying out of any activity in the area that is being carried out for the purpose of enabling the recommending authority for the area to carry out its powers or functions or give effect to its objectives under this Act.\n\n(2) In any proceedings for an offence against subsection (1), it is a defence if the person charged with the offence has a reasonable excuse for—\n\n(a) interfering with or hindering; or\n\n(b) causing any other person to interfere with or hinder—\n\nthe carrying out of the activity.\n\n(3) A person, who is not an authorised person, must not, in contravention of a declaration of a restricted access area—\n\n(a) interfere with or hinder; or\n\n(b) cause any other person to interfere with or hinder—\n\nthe entry into a restricted access area by a person authorised by a certificate under section 88G to do so.\n\n(4) In any proceedings for an offence against subsection (3), it is a defence if the person charged with the offence has a reasonable excuse for—\n\n(a) interfering with or hindering; or\n\n(b) causing any other person to interfere with or hinder—\n\nthe entry.\n\nS. 88D inserted by No. 63/2007 s. 14.\n\n","sortOrder":163},{"sectionNumber":"88D","sectionType":"section","heading":"Offence not to give certain information to police when asked to do so","content":"\t88D Offence not to give certain information to police when asked to do so\n\nS. 88D(1) amended by No. 37/2014 s. 10(Sch. item 128.3).\n\n(1) A person who is in a restricted access area must, if asked to do so by a police officer—\n\n(a) give his or her name and address; and\n\n(b) state the authority under which he or she is entitled to be in the area and provide evidence that the person has that relates to that authority.\n\n1. 5 penalty units.\n\nS. 88D(2) amended by No. 37/2014 s. 10(Sch. item 128.3).\n\n(2) A person who is not entitled to enter or remain in a restricted access area without a certificate of authorisation under section 88G must, when asked to do so by a police officer, produce the certificate.\n\n1. 5 penalty units.\n\nS. 88E inserted by No. 63/2007 s. 14.\n\n","sortOrder":164},{"sectionNumber":"88E","sectionType":"section","heading":"Warning to leave area","content":"\t88E Warning to leave area\n\n(1) The recommending authority for a restricted access area may warn any person to leave any part of the area.\n\n(2) For the purposes of section 9(1) of the **Summary Offences Act 1966**, in exercising a power under subsection (1), the recommending authority is deemed to be the occupier of the land concerned.\n\n(3) A person exercising a power under this section must produce evidence of his or her authority to do so before exercising the power.\n\nS. 88F inserted by No. 63/2007 s. 14, amended by No. 37/2014 s. 10(Sch. item 128.3).\n\n","sortOrder":165},{"sectionNumber":"88F","sectionType":"section","heading":"Powers to move vessels from areas","content":"\t88F Powers to move vessels from areas\n\nIf a person has, within sight of a police officer, committed an offence under this Part and that person is in charge of a vessel, the police officer may—\n\n(a) take charge of the vessel; and\n\n(b) move it to an appropriate place or direct another person to move it to an appropriate place.\n\nS. 88G inserted by No. 63/2007 s. 14.\n\n","sortOrder":166},{"sectionNumber":"88G","sectionType":"section","heading":"Certificates of authorisation","content":"\t88G Certificates of authorisation\n\n(1) The recommending authority for a restricted access area may issue a certificate in writing to any person authorising the person to enter and remain in any part of the restricted access area.\n\n(2) A certificate under subsection (1)—\n\n(a) subject to any amendment or revocation, remains in force for the period specified in the certificate; and\n\n(b) is subject to the conditions specified in the certificate; and\n\n(c) may be amended or revoked at any time by the recommending authority.\n\nS. 88H inserted by No. 63/2007 s. 14.\n\n","sortOrder":167},{"sectionNumber":"88H","sectionType":"section","heading":"Certificate as evidence of area","content":"\t88H Certificate as evidence of area\n\nIn any proceedings for an offence under this Part, a certificate, signed by the recommending authority for a restricted access area, certifying that, at the time of the alleged conduct that is the subject of the proceedings, an area was the restricted access area, is admissible evidence of the facts stated in it.\n\nPt 5B (Headings and ss 88I–88W) inserted by No. 93/2009 s. 12.\n\n","sortOrder":168},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Powers as to certain hazardous or polluting activities or things","content":"Part 5B—Powers as to certain hazardous or polluting activities or things\n\nS. 88I inserted by No. 93/2009 s. 12.\n\n","sortOrder":169},{"sectionNumber":"88I","sectionType":"section","heading":"Definitions","content":"\t88I Definitions\n\nS. 88I def. of *clean up* amended by No. 39/2018 s. 51(2)(a).\n\n***clean up*** has the same meaning as in the **Environment** **Protection Act 2017**;\n\nS. 88I defs. of *pollute* and *polluted* repealed by No. 39/2018 s. 51(2)(b).\n\nDivision 2—Pollution abatement\n\nS. 88J (Heading) amended by Nos 10/2016 ss 134(1), 179(Sch. 1 item 7.25), 19/2022 s. 54(1).\n\nS. 88J inserted by No. 93/2009 s. 12, amended by Nos 10/2016 s. 179(Sch. 1 item 7.26), 19/2022 s. 54(2).\n\n","sortOrder":170},{"sectionNumber":"88J","sectionType":"section","heading":"Pollution abatement by Ports Victoria","content":"\t88J Pollution abatement by Ports Victoria\n\nWhere—\n\nS. 88J(a) amended by No. 10/2016 s. 134(2).\n\n(a) pollutants have been or are being discharged on port of Melbourne land, that is not leased port of Melbourne land, or into port of Melbourne waters; or\n\nS. 88J(b) amended by Nos 10/2016 s. 134(2), 39/2018 s. 51(3).\n\n(b) a pollution incident within the meaning of the **Environment Protection Act 2017** has occurred on port of Melbourne land, that is not leased port of Melbourne land, or in port of Melbourne waters; or\n\nS. 88J(c) amended by No. 10/2016 s. 134(2).\n\n(c) any potentially hazardous substance appears to have been abandoned or dumped on port of Melbourne land, that is not leased port of Melbourne land, or in port of Melbourne waters; or\n\nS. 88J(d) amended by No. 10/2016 s. 134(2).\n\n(d) any potentially hazardous substance is being handled in a manner which is likely to cause an environmental hazard on port of Melbourne land, that is not leased port of Melbourne land, or in port of Melbourne waters—\n\nPorts Victoria may conduct a clean up or cause a clean up to be conducted as Ports Victoria considers necessary.\n\nS. 88JA inserted by No. 10/2016 s. 135.\n\n\t88JA Pollution abatement by port of Melbourne operator\n\n(a) pollutants have been or are being discharged on leased port of Melbourne land; or\n\nS. 88JA(1)(b) amended by No. 39/2018 s. 51(3).\n\n(b) a pollution incident within the meaning of the **Environment Protection Act 2017** has occurred on leased port of Melbourne land; or\n\n(c) any potentially hazardous substance appears to have been abandoned or dumped on leased port of Melbourne land; or\n\n(d) any potentially hazardous substance is being handled in a manner which is likely to cause an environmental hazard on leased port of Melbourne land.\n\n(2) The port of Melbourne operator may conduct a clean up or cause a clean up to be conducted as the port of Melbourne operator considers necessary.\n\nS. 88K (Heading) amended by Nos 10/2016 ss 136, 179(Sch. 1 item 7.27), 19/2022 s. 55(1).\n\nS. 88K inserted by No. 93/2009 s. 12.\n\n\t88K Recovery of costs of clean up by Ports Victoria\n\nS. 88K(1) amended by Nos 10/2016 s. 179(Sch. 1 item 7.28), 19/2022 s. 55(2)(a).\n\n(1) If Ports Victoria conducts a clean up under section 88J, Ports Victoria may recover any reasonable costs incurred by Ports Victoria in conducting the clean up from the person who caused the circumstances that gave rise to the need for the clean up to be conducted.\n\nS. 88K(2) amended by No. 19/2022 s. 55(2)(b).\n\n(2) The costs that may be recovered under subsection (1) include labour, administrative and overhead costs, determined on such basis as Ports Victoria reasonably  considers appropriate, incurred as a result of any action taken by Ports Victoria under subsection (1).\n\nS. 88K(3) amended by Nos 10/2016 s. 179(Sch. 1 item 7.28), 19/2022 s. 55(2)(c).\n\n(3) An amount payable under subsection (1) may be recovered in any court of competent jurisdiction as a debt due to Ports Victoria.\n\nS. 88KA inserted by No. 10/2016 s. 137.\n\n\t88KA Recovery of costs of clean up by port of Melbourne operator\n\n(1) If the port of Melbourne operator conducts a clean up under section 88JA, the port of Melbourne operator may recover any reasonable costs incurred by it in conducting the clean up from the person who caused the circumstances that gave rise to the need for the clean up to be conducted.\n\n(2) The costs that may be recovered under subsection (1) include labour, administrative and overhead costs, determined on such basis as the port of Melbourne operator reasonably considers appropriate, incurred as a result of any action taken by it under subsection (1).\n\n(3) An amount payable under subsection (1) may be recovered in any court of competent jurisdiction as a debt due to the port of Melbourne operator.\n\nS. 88L (Heading) amended by No. 39/2018 s. 51(4).\n\nS. 88L inserted by No. 93/2009 s. 12, amended by No. 39/2018 s. 51(5).\n\n","sortOrder":171},{"sectionNumber":"88L","sectionType":"section","heading":"Relationship with the Environment Protection Act 2017","content":"\t88L Relationship with the Environment Protection Act 2017\n\nThese provisions do not apply in any situation in which the Authority (within the meaning of the **Environment** **Protection Act 2017**) is conducting a clean up under that Act.\n\nDivision 3—Hazardous port activities\n\nS. 88M inserted by No. 93/2009 s. 12.\n\n","sortOrder":172},{"sectionNumber":"88M","sectionType":"section","heading":"Hazardous port activity notice","content":"\t88M Hazardous port activity notice\n\nS. 88M(1) amended by Nos 10/2016 ss 138(1), 179(Sch. 1 item 7.29), 19/2022 s. 56.\n\n(1) A person who proposes to carry out a hazardous port activity in port of Melbourne waters or on port of Melbourne land that is not leased port of Melbourne land, must give notice to Ports Victoria before doing so.\n\nS. 88M(1A) inserted by No. 10/2016 ss 138(2), 179(Sch. 1 item 7.29), amended by Nos 19/2022 s. 56, 25/2025 s. 47.\n\n(1A) A person who proposes to carry out a hazardous port activity on leased port of Melbourne land must give notice to Ports Victoria and the port of Melbourne operator before doing so.\n\nPenalty: 20 penalty units.\n\nS. 88M(2) amended by No. 10/2016 s. 138(3).\n\n(2) A notice under subsection (1) or (1A) must be given in accordance with the regulations.\n\nS. 88N inserted by No. 93/2009 s. 12.\n\n","sortOrder":173},{"sectionNumber":"88N","sectionType":"section","heading":"Hazardous port activity direction","content":"\t88N Hazardous port activity direction\n\n(1) If a port safety officer for the port of Melbourne is satisfied that a hazardous port activity is being carried out or is proposed to be carried out in port of Melbourne waters or on port of Melbourne land, the officer may give a direction in writing to the person who is carrying out or who proposes to carry out the activity.\n\n(2) A direction under subsection (1) may—\n\n(a) direct a person who is carrying out an activity to cease carrying out the activity; or\n\n(b) direct a person within a specified area of the port to leave the area; or\n\n(c) direct a person in the port to leave the port.\n\n(3) A port safety officer for the port of Melbourne may, if it is reasonable to do so, give an oral direction about any matter on which a direction may be given under subsection (1) to any person who is carrying out or who proposes to carry out a hazardous port activity.\n\nS. 88O inserted by No. 93/2009 s. 12.\n\n","sortOrder":174},{"sectionNumber":"88O","sectionType":"section","heading":"Offence not to comply with hazardous port activity direction","content":"\t88O Offence not to comply with hazardous port activity direction\n\nA person who has been given a hazardous port activity direction under section 88N must comply with that direction, unless that person has a reasonable excuse for not doing so.\n\n1. 60 penalty units.\n\nPt 5B Div. 4 (Heading)  substituted by No. 25/2025 s. 29.\n\nDivision 4—Unattended things\n\nS. 88AP inserted by No. 55/2017 s. 43.\n\n\t88AP Definitions\n\nIn this Division—\n\nS. 88AP def. of *relevant port* amended by No. 19/2022 s. 57.\n\n***relevant port*** means—\n\n(a) if the port manager is Ports Victoria—\n\n(i) those parts of the port comprising port of Melbourne waters and port of Melbourne land that is not leased port of Melbourne land; and\n\n(ii) other commercial trading ports;\n\n(b) if the port manager is the port of Melbourne operator—those parts of the port comprising leased port of Melbourne land;\n\n(d) if the port manager is a person or body appointed under section 44A—the local port in respect of which that person or body was appointed under that section.\n\nS. 88P inserted by No. 93/2009 s. 12, substituted by No. 10/2016 s. 139.\n\n\t88P Offence to leave things in port waters or on port land\n\nS. 88P(1) amended by Nos 10/2016 s. 179(Sch. 1 item 7.30), 19/2022 s. 58.\n\n(1) A person must not leave any thing unattended in port of Melbourne waters or on port of Melbourne land that is not leased port of Melbourne land for more than one month without the permission of Ports Victoria.\n\n(2) A person must not leave any thing unattended on leased port of Melbourne land for more than one month without the permission of the port of Melbourne operator.\n\nS. 88PA  inserted by No. 25/2025 s. 30.\n\n\t88PA Abandoned things\n\n(1) For the purposes of this Division, a port manager may determine that a thing (including a vessel or other item) is an abandoned thing if the thing has been left in a relevant port for more than one month and—\n\n(a) the port manager cannot establish both the identity and location of the owner of the thing despite making all reasonable enquiries; or\n\n(b) the port manager has identified the owner and—\n\n(i) reasonably believes that the owner of the thing will not move the thing; or\n\n(ii) has served written notice on the owner of the thing stating that the thing must be moved before a date specified in the notice (being a date not less than 14 days after the day on which the notice is served on the owner), and the thing has not been moved by that date.\n\n(2) A notice under subsection (1)(b)(ii) may be served on an owner in or outside Victoria—\n\n(a) personally or by sending it by post addressed to the owner at the usual or last known place of residence or business of that owner; or\n\n(b) by sending it to a fax number or email address or by any other form of electronic communication nominated by the owner; or\n\n(c) by sending it to the owner at an authorised address within the meaning of section 163A of the **Infringements Act 2006**.\n\n(3) A notice under subsection (1)(b)(ii) served in accordance with subsection (2)(c) and returned undelivered to its sender is taken to have been served 7 days after the date specified in the notice as the date of the notice, despite it being returned to the sender as undelivered.\n\n(4) Subsection (3) has effect despite anything to the contrary in section 49(1) of the **Interpretation of Legislation Act 1984**.\n\nS. 88Q inserted by No. 93/2009 s. 12, amended by No. 10/2016 ss 140, 179(Sch. 1 item 7.31), substituted by Nos 55/2017 s. 44, 25/2025 s. 31.\n\n","sortOrder":175},{"sectionNumber":"88Q","sectionType":"section","heading":"Removal of things","content":"\t88Q Removal of things\n\n(1) A port manager may move any thing or cause any thing to be moved from a relevant port if the port manager has determined that the thing is an abandoned thing in accordance with section 88PA.\n\n(2) A port manager may immediately remove a thing from a port if—\n\n(a) the port manager is of the opinion that the thing has been left unattended at the relevant port and—\n\n(i) is causing an impediment to the operations of the port; or\n\n(ii) is causing an environmental hazard to the port; or\n\n(iii) is a risk to the safety or security of the port or port operations; or\n\n(iv) is a danger to public health; and\n\n(b) the port manager—\n\n(i) cannot establish both the identity and location of the owner of the thing; or\n\n(ii) reasonably believes that the owner will not move the thing.\n\n(3) A port manager when moving a thing under this section must move it to a place that the port manager reasonably believes is the nearest safe and convenient place.\n\nS. 88R inserted by No. 93/2009 s. 12, amended by Nos 10/2016 ss 141, 179(Sch. 1 item 7.32), 55/2017 s. 45, substituted by No. 25/2025 s. 32.\n\n","sortOrder":176},{"sectionNumber":"88R","sectionType":"section","heading":"Powers in relation to moving or disposing of things","content":"\t88R Powers in relation to moving or disposing of things\n\nA person acting on behalf of a port manager may enter a vehicle or vessel using, if necessary, reasonable force, for the purpose of—\n\n(a) conveniently or expeditiously moving the vehicle or vessel in accordance with section 88Q(1) or (2); or\n\n(b) facilitating the sale or disposal of the vehicle or vessel in accordance with section 88T.\n\nS. 88S inserted by No. 93/2009 s. 12, amended by Nos 10/2016 ss 142, 179(Sch. 1 item 7.32), 55/2017 s. 46, 25/2025 s. 33.\n\n","sortOrder":177},{"sectionNumber":"88S","sectionType":"section","heading":"Requirement to make enquiries as to owner of thing","content":"\t88S Requirement to make enquiries as to owner of thing\n\nIf a port manager has moved a thing under section 88Q(2), the port manager must make all reasonable enquiries to establish both the identity and the location of the owner of the property.\n\nS. 88T inserted by No. 93/2009 s. 12.\n\n","sortOrder":178},{"sectionNumber":"88T","sectionType":"section","heading":"Disposal of thing","content":"\t88T Disposal of thing\n\nS. 88T(1) amended by Nos 10/2016 ss 143(1), 179(Sch. 1 item 7.33), 55/2017 s. 47(1), substituted by No. 25/2025 s. 34(1).\n\n(1) A port manager may dispose of a thing by gift, sale or destruction of the thing or by otherwise dealing with the thing if the port manager—\n\n(a) has determined that the thing is an abandoned thing in accordance with section 88PA(1) or has moved the thing under section 88Q(2); and\n\n(b) is unable to establish both the identity and location of the owner of the thing after reasonable enquiries.\n\nS. 88T(2) amended by Nos 10/2016 ss 143(1), 179(Sch. 1 item 7.33), 55/2017 s. 47(2)(a).\n\n(2) A port manager must not dispose of a thing under subsection (1) unless—\n\nS. 88T(2)(a) amended by Nos 10/2016 s. 143(1), 55/2017 s. 47(2)(b).\n\n(a) the port manager has given notice about the disposal of the thing in a newspaper circulating generally in Victoria and on its website; and\n\n(b) 28 days have expired since the giving of the notice.\n\n(3) The requirements of subsection (2) do not apply to the disposal of a thing that is perishable.\n\nS. 88T(4) amended by Nos 10/2016 ss 143(2), 179(Sch. 1 item 7.33), 55/2017 s. 47(3), substituted by No. 25/2025 s. 34(2).\n\n(4) If a port manager establishes both the identity and location of the owner of a thing that the port manager has determined is an abandoned thing in accordance with section 88PA(1) or that has been moved under section 88Q(2), the port manager must give the owner notice in writing that the port manager intends to dispose of the thing.\n\nS. 88T(5) amended by Nos 10/2016 ss 143(3), 179(Sch. 1 item 7.33), 55/2017 s. 47(4).\n\n(5) If a port manager gives notice in writing under subsection (4) to the owner and the owner of the thing does not recover the thing from the port manager within 28 days the port manager may dispose of the thing after the 28 days have expired, either by gift, sale or destruction of the thing or by otherwise dealing with the thing.\n\nS. 88T(5A) inserted by No. 25/2025 s. 34(3).\n\n(5A) A person to whom a port manager gives or sells a thing under subsection (1) or (5) obtains good title to that thing.\n\nS. 88T(6) substituted by No. 25/2025 s. 34(4).\n\n(6) Despite subsections (4) and (5), if the thing is a perishable item, the port manager is not required to give notice to the owner of the thing before disposing of the thing.\n\nS. 88U inserted by No. 93/2009 s. 12.\n\n","sortOrder":179},{"sectionNumber":"88U","sectionType":"section","heading":"Recovery of costs","content":"\t88U Recovery of costs\n\nS. 88U(1) amended by Nos 10/2016 ss 144(1), 179(Sch. 1 item 7.34), 55/2017 s. 48(1), substituted by No. 25/2025 s. 35.\n\n(1) The port manager may recover any costs incurred in dealing with a thing under section 88Q, 88R or 88T from the owner of the thing, including any costs incurred in the course of—\n\n(a) moving, storing or disposing of the thing; or\n\n(b) returning the thing to its owner.\n\nS. 88U(2) amended by Nos 10/2016 s. 144(2), 55/2017 s. 48(2).\n\n(2) An amount payable under subsection (1) may be recovered in any court of competent jurisdiction as a debt due to the port manager.\n\n(3) If the thing is disposed of, an amount that may be recovered under subsection (1) is to be paid out of the proceeds (if any) of the disposal.\n\nS. 88V inserted by No. 93/2009 s. 12, amended by Nos 74/2010 s. 35, 10/2016 ss 145, 179(Sch. 1 item 7.34), 55/2017 s. 49, substituted by No. 25/2025 s. 36.\n\n","sortOrder":180},{"sectionNumber":"88V","sectionType":"section","heading":"Application of proceeds of sale and compensation","content":"\t88V Application of proceeds of sale and compensation\n\n(1) Subject to section 88W, a port manager who sells a thing in accordance with section 88T must apply the proceeds of sale in the following order of priority—\n\n(a) to pay the costs of the sale, including any costs of moving or storing the thing;\n\n(b) to discharge any security interest over the thing, such as a bank loan or a lease arrangement, that existed immediately before the thing—\n\n(i) was determined by the port manager to be an abandoned thing under section 88PA(1); or\n\n(ii) was moved under section 88Q(2);\n\n(c) to pay any outstanding fees the owner of the thing owes to the port manager;\n\n(d) to pay to the owner of the thing and to any other person with an interest in the thing (other than a person with a security interest referred to in paragraph (b)) an amount referred to in subsection (3).\n\n(2) If a person with a security interest over the thing is unable to recover possession of the thing because the thing has been sold under this Division, a port manager must pay to the person an amount commensurate with the value of the person's interest in the thing from the proceeds of the sale, after the amounts referred to in subsection (1)(a) have been paid.\n\n(3) If the owner of a thing is unable to recover possession of the thing because the thing has been sold under this Division, a port manager must pay to the owner and to any other person with an interest in the thing (other than a person with a security interest referred to in subsection (1)(b)) an amount commensurate with the value of the owner's or person's interest in the thing from the proceeds of the sale, after the amounts referred to in subsection (1)(a), (b) and (c) have been paid.\n\n(4) The owner or other person with an interest in a thing disposed of under this Division is not entitled to any payments under this section—\n\n(a) if the thing is disposed of other than by sale; or\n\n(b) if the thing is disposed of by sale and there are no net proceeds remaining after the amounts referred to in—\n\n(i) subsection (1)(a), (b) and (c) have been paid, in the case of the owner or a person with an interest other than a security interest in the thing; or\n\n(ii) subsection (1)(a) have been paid, in the case of the person with a security interest in the thing.\n\n(5) A person with an interest in a thing that has been disposed of under this Division may make an application to the Magistrates' Court for an order that compensation be paid in accordance with subsection (2) or (3) (as the case requires) and the Court may make either or both of the following orders, where appropriate—\n\n(a) an order that compensation be paid to that person commensurate with the value of the person's interest in the thing, less the amounts referred to in—\n\n(i) subsection (1)(a), in the case of a person with a security interest in the thing; or\n\n(ii) subsection (1)(a), (b) and (c), in the case of the owner or a person with an interest other than a security interest in the thing;\n\n(b) an order that the port manager may retain the following out of the proceeds of the sale of the thing—\n\n(i) the costs incurred by the port manager in storing, moving or disposing of the thing under this Division;\n\n(ii) any outstanding fees owed by the owner of the thing to the port manager.\n\n(6) An application under subsection (5) must be made within 12 months of the date of the disposal of the thing.\n\n(7) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the operation of this Division.\n\nS. 88W inserted by No. 93/2009 s. 12.\n\n","sortOrder":181},{"sectionNumber":"88W","sectionType":"section","heading":"Proceeds of disposal where owner not located","content":"\t88W Proceeds of disposal where owner not located\n\nIf a thing has been disposed of under section 88T(1) where neither the identity nor the location of the owner has been established—\n\nS. 88W(a) amended by Nos 10/2016 ss 146(a), 179(Sch. 1 item 7.34), 55/2017 s. 50(a).\n\n(a) a port manager may recover the costs of moving and disposal of the thing from the proceeds of that disposal; and\n\nS. 88W(b) amended by Nos 10/2016 ss 146(b), 179(Sch. 1 item 7.34), 55/2017 s. 50(b), substituted by No. 25/2025 s. 37.\n\n(b) if no claim has been made under section 88V within 12 months of the disposal of the thing, any proceeds from the disposal of the thing, after the recovery of any costs under paragraph (a), must be paid to the State.\n\nPt 5C (Headings and ss 88X–88ZO) inserted by No. 10/2016 s. 147.\n\n","sortOrder":182},{"sectionNumber":"Part 5C","sectionType":"part","heading":"Regulation of activities in the port of Melbourne","content":"Part 5C—Regulation of activities in the port of Melbourne\n\nS. 88X inserted by No. 10/2016 s. 147.\n\n","sortOrder":183},{"sectionNumber":"88X","sectionType":"section","heading":"Definitions","content":"\t88X Definitions\n\n***allowable purposes*** means the purposes set out in section 88ZI(2);\n\n***authorised officer*** means a person appointed under section 88ZL;\n\n***information direction*** means a direction given under 88ZI(1);\n\n***port operator direction*** means a direction given under 88Y(1);\n\n***reportable matter***—see section 88ZG.\n\nDivision 2—Port operator directions\n\nS. 88Y inserted by No. 10/2016 s. 147.\n\n","sortOrder":184},{"sectionNumber":"88Y","sectionType":"section","heading":"Directions to maintain or improve safety and security","content":"\t88Y Directions to maintain or improve safety and security\n\n(1) The port of Melbourne operator, for the purpose of maintaining or improving safety and security on leased port of Melbourne land, may give directions that regulate or prohibit any of the following activities on that land—\n\n(a) the driving, stopping and parking of vehicles;\n\n(b) the movement, handling or storage of goods;\n\n(c) any activity that may pose a risk to safety or security on that land.\n\n(2) A port operator direction may be of general application or may be limited in its application to specified persons or a specified class of persons.\n\nS. 88Z inserted by No. 10/2016 s. 147.\n\n","sortOrder":185},{"sectionNumber":"88Z","sectionType":"section","heading":"How port operator directions are given","content":"\t88Z How port operator directions are given\n\n(1) A port operator direction may be given in any of the following ways—\n\n(a) by notice displayed in the area of the leased port of Melbourne land where the direction applies;\n\n(b) by notice published on the port of Melbourne operator's Internet site;\n\n(c) by notice served on the person or persons to whom the direction applies.\n\n(2) A port operator direction given by notice published on the port of Melbourne operator's Internet site is of no effect until a copy of the notice has been published in the Government Gazette.\n\n(3) Before a port operator direction is given, not less than 2 weeks advance notice of the proposed direction must be given—\n\n(a) to the harbour master engaged for the port of Melbourne waters; and\n\n(b) to the Minister administering the **Dangerous Goods Act 1985**  if the direction relates to dangerous goods to which that Act applies.\n\n(4) Advance notice of a proposed port operator direction is sufficiently given to the harbour master engaged for the port of Melbourne waters or the Minister administering the **Dangerous Goods Act 1985**  by being delivered or sent by post to the office of the harbour master or that Minister, as appropriate.\n\n(5) Advance notice of a proposed port operator direction is not required if the direction is given in an emergency or is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property.\n\nS. 88ZA inserted by No. 10/2016 s. 147.\n\n\t88ZA Enforcement of port operator directions\n\n(1) A person to whom a port operator direction applies must comply with the direction unless compliance would result in the person contravening a requirement imposed by or under an Act.\n\n(2) The port of Melbourne operator may enforce compliance with a port operator direction in any of the following ways—\n\n(a) by removing from the leased port of Melbourne land any person who is contravening the direction;\n\n(b) by removing from the leased port of Melbourne land or moving within that land any vehicle that is stopped or parked in contravention of the direction;\n\n(c) by removing from the leased port of Melbourne land or moving within that land any goods stored in contravention of the direction;\n\n(d) by carrying out any work in the leased port of Melbourne land that a person has failed to carry out in contravention of the direction or that is reasonably required to be carried out to remedy a contravention of the direction.\n\n(3) The power to remove or move a vehicle or goods from or within leased port of Melbourne land includes the power to place the vehicle or goods in secure storage pending return of the vehicle or goods to their owner.\n\n(4) Anything done by or on behalf of the port of Melbourne operator reasonably and in good faith to enforce compliance with a port operator direction as permitted by this Division does not subject the port of Melbourne operator or any other person to any action, liability, claim or demand.\n\nS. 88ZB inserted by No. 10/2016 s. 147.\n\n\t88ZB Recovery of costs\n\n(a) a person fails to comply with a port operator direction; and\n\n(b) as a result, the port of Melbourne operator incurs costs in enforcing compliance with the port operator direction.\n\n(2) The port of Melbourne operator is entitled to recover from the person the reasonable costs incurred by it as a debt in a court of competent jurisdiction.\n\n(3) A certificate issued by the port of Melbourne operator certifying as to the reasonable costs incurred by it in enforcing compliance with a port operator direction is evidence of the matters certified.\n\nS. 88ZC inserted by No. 10/2016 s. 147.\n\n\t88ZC Advance notice of proposed work\n\n(1) The port of Melbourne operator is not authorised to enforce compliance with a port operator direction by carrying out work that a person has failed to carry out in contravention of the direction, or that is reasonably required to be carried out to remedy a contravention by a person of the direction, unless the port of Melbourne operator has given the person advance notice of the proposed work.\n\n(2) Advance notice of proposed work must—\n\n(a) be given no less than 7 days before the work commences; and\n\n(b) be given in writing; and\n\n(c) give details of the alleged contravention concerned.\n\n(3) Advance notice of proposed work is not required in an emergency or if the proposed work is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property.\n\n(4) In such a case, notice of the work being undertaken must be given as soon as reasonably practicable in the circumstances.\n\nS. 88ZD inserted by No. 10/2016 s. 147.\n\n\t88ZD Power of entry\n\nThe port of Melbourne operator may enter any premises on leased port of Melbourne land at any time for the purpose of—\n\n(a) ascertaining whether a port operator direction is being complied with or has been contravened; or\n\n(b) doing anything that the port of Melbourne operator is authorised to do to enforce compliance with a port operator direction.\n\nS. 88ZE inserted by No. 10/2016 s. 147.\n\n\t88ZE Functions and powers may be performed or exercised by authorised officers\n\n(1) The functions and powers of the port of Melbourne operator under this Division may be performed or exercised on behalf of the port of Melbourne operator by an authorised officer.\n\n(2) Accordingly, a reference in this Division to a port operator direction includes such a direction given by an authorised officer on behalf of the port of Melbourne operator.\n\n(3) An authorised officer who enters land or premises under the authority of this Division may be accompanied by any person believed by the authorised officer to be capable of providing assistance in the performance or exercise of the authorised officer's functions or powers under this Division.\n\n(4) An authorised officer may request the assistance of any police officer if the authorised officer reasonably believes that the performance or exercise of the authorised officer's functions or powers under this Division will be obstructed or otherwise interfered with.\n\nS. 88ZF inserted by No. 10/2016 s. 147.\n\n\t88ZF Obstruction of authorised officer\n\nA person must not obstruct or otherwise interfere with an authorised officer in the performance of any function, or exercise of any power, of the authorised officer under this Division.\n\nS. 88ZG inserted by No. 10/2016 s. 147.\n\n\t88ZG Monitoring of port operator directions\n\n(1) The port of Melbourne operator must within 3 months after the end of each 6 month period ending on 30 June or 31 December in a year (beginning with the year 2015) provide details to the Minister of such of the following matters (***reportable matters***) as occurred in the period concerned—\n\n(a) the giving of a port operator direction by the port of Melbourne operator;\n\n(b) any port operator direction given by the port of Melbourne operator ceasing to have effect;\n\n(c) any contravention of which the port of Melbourne operator is aware of a port operator direction given by the port of Melbourne operator;\n\n(d) any exercise by the port of Melbourne operator of the power under section 88ZD to enter premises;\n\n(e) any action taken by the port of Melbourne operator to enforce compliance with a port operator direction (being action authorised to be taken under this Part).\n\n(2) The port of Melbourne operator must also provide details of reportable matters to the Minister as and when directed to do so by the Minister by written notice given to the port of Melbourne operator.\n\n(3) A notice under subsection (2) must allow not less than 21 days for compliance with the direction.\n\n(4) Information required to be provided by or under this section must be provided in such manner and form as the Minister may direct by written notice given to the port of Melbourne operator.\n\nS. 88ZH inserted by No. 10/2016 s. 147.\n\n\t88ZH Publication of reports about port operator directions\n\n(1) The Minister may publish reports and statements, based on information provided to the Minister under section 88ZG about reportable matters, subject to the following requirements—\n\n(a) any such report or statement must not include information that identifies a person (or is likely to lead to the identification of a person) as a person who has contravened a port operator direction;\n\n(b) the Minister must provide the port of Melbourne operator with a copy of the proposed report or statement at least 14 days before it is published.\n\n(2) No liability (including liability in defamation) is incurred for publishing in good faith a report or statement under this section or a fair report or summary of such a report or statement.\n\nDivision 3—Information gathering by port of Melbourne operator\n\nS. 88ZI inserted by No. 10/2016 s. 147.\n\n\t88ZI Power to require information to be provided\n\n(1) The port of Melbourne operator, by written direction (an ***information direction***), may require any of the following persons to provide relevant information to the port of Melbourne operator—\n\n(a) the master of any vessel that berths in the port of Melbourne;\n\n(b) a shipping agent for goods shipped to, from or within the port of Melbourne;\n\n(c) a consignor or consignee of goods shipped to, from or within the port of Melbourne;\n\n(d) an operator of stevedoring or other facilities on leased port of Melbourne land.\n\n(2) Information is ***relevant information*** if it is information that the port of Melbourne operator reasonably requires for any of the following purposes—\n\n(a) monitoring compliance with port operator directions;\n\n(b) determining liability for and the amount of, and facilitating the collection of, wharfage fees and channel fees;\n\n(c) compiling statistics that the port of Melbourne operator is—\n\n(i) directed, in writing, by the Minister to compile; or\n\n(ii) required to compile by or under an Act or an agreement with the State or a public entity;\n\n(d) co-ordinating communication at the port;\n\n(e) any purpose prescribed by the regulations in connection with the operation and management of the port of Melbourne.\n\n(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).\n\nS. 88ZJ inserted by No. 10/2016 s. 147.\n\n\t88ZJ Use and disclosure of information collected\n\nThe port of Melbourne operator is authorised to use and disclose information provided to it in compliance with an information direction for any allowable purpose for which it is authorised to require the information.\n\nS. 88ZK inserted by No. 10/2016 s. 147.\n\n\t88ZK Compliance with information direction\n\n(1) A person must not without reasonable excuse fail to comply with an information direction given to the person.\n\nPenalty: In the case of a natural person, 120 penalty units;\n\nIn the case of a body corporate, 600 penalty units.\n\n(2) A duty of confidentiality is not a reasonable excuse for failure to comply with an information direction.\n\n(3) A person must not in purported compliance with an information direction given to the person provide information that the person knows, or ought reasonably to know, is false or misleading in a material particular.\n\nPenalty: In the case of a natural person, 120 penalty units;\n\nIn the case of a body corporate, 600 penalty units.\n\n(4) 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 an information direction.\n\nDivision 4—Authorised officers\n\nS. 88ZL inserted by No. 10/2016 s. 147.\n\n\t88ZL Appointment\n\n(1) The chief executive officer of the port of Melbourne operator, by instrument, may appoint as an authorised officer any officer, employee or agent of the port of Melbourne operator who the chief executive officer considers is suitably qualified or trained to exercise the powers of an authorised officer under this Part.\n\n(2) An appointment under subsection (1) is for a term, and subject to the conditions, specified in the instrument of appointment.\n\n(3) The chief executive officer of the port of Melbourne operator, by instrument, may delegate the chief executive's power under subsection (1) to an officer or employee of the port of Melbourne operator.\n\nS. 88ZM inserted by No. 10/2016 s. 147.\n\n\t88ZM Identity cards\n\n(1) The port of Melbourne operator must cause to be issued an identity card to an authorised officer appointed under section 88ZL.\n\n(2) An identity card must—\n\n(a) state the authorised officer's name and their appointment as an authorised officer; and\n\n(b) include any other matter that is prescribed.\n\nS. 88ZN inserted by No. 10/2016 s. 147.\n\n\t88ZN Return of identity cards\n\nIf a person to whom an identity card has been issued ceases to be an authorised officer, the person must return the identity card to the port of Melbourne operator as soon as practicable.\n\nS. 88ZO inserted by No. 10/2016 s. 147.\n\n\t88ZO Production of identity card\n\n(1) An authorised officer must produce the officer's identity card for inspection—\n\n(a) before exercising a power under this Part; or\n\n(b) if asked to do so by any person at any time during the exercise of a power under this Part.\n\nPenalty: 5 penalty units.\n\n(2) Subsection (1) does not apply if—\n\n(a) the authorised officer reasonably believes that the production of the officer's identity card would affect the safety or welfare of any person; or\n\n(b) the request to produce the identity card is made by a person to whom the authorised officer has already produced that identity card on the same day before exercising a power under this Part.\n\n(3) Any action taken or thing done by an authorised officer under this Part is not invalidated by the officer's failure to produce the officer's identity card.\n\nPart 6—Harbour masters\n\nS. 83 amended by No. 85/2003 s. 30(2), repealed by No. 9/2004 s. 28.\n\nS. 84 amended by No. 77/2001 s. 32(4)(b), repealed by No. 9/2004 s. 28.\n\nS. 85 amended by No. 85/2003 s. 30(2), repealed by No. 9/2004 s. 28.\n\nS. 86 amended by No. 77/2001 s. 32(4)(b), repealed by No. 9/2004 s. 28.\n\nS. 87 amended by No. 77/2001 s. 32(4)(b), repealed by No. 9/2004 s. 28.\n\nS. 88 amended by No. 85/2003 s. 30(2), repealed by No. 9/2004 s. 28.\n\nPt 6 Div. 1 (Heading and ss 89–91) amended by Nos 77/2001 s. 32(4)(b), 85/2003 s. 30(2), 9/2004 ss 28, 29, 45/2010 s. 39, 65/2010 s. 419(5), 19/2022 s. 59, repealed by No. 25/2025 s. 38.\n\nPt 6 Div. 2 (Heading and s. 91AA) inserted by No. 19/2022 s. 60.\n\nDivision 2—Ports Victoria may request conditions on harbour master licences\n\nS. 91AA inserted by No. 19/2022 s. 60.\n\n\t91AA Ports Victoria may request imposition or variation of condition of harbour master licence\n\nS. 91AA(1) amended by No. 34/2023 s. 127(Sch. 1 item 9.9(a)).\n\n(1) Ports Victoria may, at any time, request that Safe Transport Victoria impose a condition on a harbour master licence of a harbour master engaged for port waters for which Ports Victoria is responsible—\n\n(a) that relates to one or more of the following matters—\n\n(i) marine incidents within the meaning of the **Marine Safety Act 2010**;\n\n(ii) operational safety performance;\n\n(iii) participation in training and safety development programmes;\n\n(iv) any prescribed matter; and\n\n(b) that limits or restricts a function of the harbour master who holds that licence.\n\nS. 91AA(2) amended by No. 34/2023 s. 127(Sch. 1 item 9.9(b)).\n\n(2) Safe Transport Victoria must not unreasonably refuse to consider a request under subsection (1).\n\nPt 6A (Heading and ss 91A–91I) inserted by No. 85/2003 s. 18.\n\n","sortOrder":186},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Port management plans","content":"Part 6A—Port management plans\n\nS. 91A inserted by No. 85/2003 s. 18.\n\n","sortOrder":187},{"sectionNumber":"91A","sectionType":"section","heading":"Definition","content":"\t91A Definition\n\nS. 91A def. of *relevant Ministers* amended by Nos 107/2004 s. 184, 65/2010 s. 419(6), 54/2012 s. 14, 73/2013 s. 99(b), 26/2018 s. 97(4), 39/2018 s. 51(6).\n\n***relevant Ministers*** means the Ministers administering the **Marine and Coastal Act 2018**, **Dangerous Goods Act 1985**, the **Environment** **Protection Act 2017**, the **Marine (Drug, Alcohol and Pollution Control) Act 1988**, the **Marine Safety Act 2010**, the **Occupational Health and Safety Act 2004** and the **Emergency Management Act 2013**.\n\nS. 91B inserted by No. 85/2003 s. 18.\n\n","sortOrder":188},{"sectionNumber":"91B","sectionType":"section","heading":"Application of other Acts","content":"\t91B Application of other Acts\n\n(1) This Part has effect in addition to, and not in derogation of, any Act referred to in the definition of ***relevant Ministers***.\n\n(2) If a provision of this Part is inconsistent with a provision of an Act referred to in the definition of ***relevant Ministers***, the provision  of the Act referred to in the definition prevails to the extent of any inconsistency.\n\nS. 91BA inserted by No. 10/2016 s. 148.\n\n\t91BA Extended meaning of *port manager*\n\n(1) Without limiting the meaning of ***port manager*** in section 3(1), for the purposes of this Part, the port of Melbourne operator is also a port manager who manages, superintends or controls the operation of a part of the port of Melbourne when the operator is—\n\n(a) carrying out channel-dredging activities in port of Melbourne waters; or\n\n(b) establishing or maintaining navigational aids in connection with navigation in port of Melbourne waters.\n\n(2) To avoid doubt, the activities referred to in subsection (1)(a) and (b) are part of the operations of the port of Melbourne.\n\nS. 91C inserted by No. 85/2003 s. 18.\n\n\t91C Port manager's responsibilities for management plans\n\nS. 91C(1) amended by No. 54/2012 s. 4(1).\n\n(1) A port manager must ensure that—\n\n(a) a safety management plan; and\n\n(b) an environment management plan—\n\nare prepared in accordance with this Part for the port or part of the port that the port manager manages, superintends or controls.\n\nS. 91C(1AA) inserted by No. 54/2012 s. 4(2).\n\n(1AA) A port manager may prepare a safety management plan and an environment management plan under subsection (1) as a single plan.\n\nS. 91C(1A) inserted by No. 63/2007 s. 15.\n\n(1A) A port manager must ensure that—\n\n(a) the safety management plan; and\n\n(b) the environment management plan—\n\nfor the port or the part of the port that the port manager manages, superintends or controls are audited in accordance with this Part.\n\n1. 240 penalty units, in the case of a commercial or trading port and 60 penalty units in the case of a local port.\n\n(2) A port manager must ensure that reasonable steps are taken to—\n\nS. 91C(2)(a) amended by No. 10/2016 s. 149(1).\n\n(a) implement the measures or strategies that are specified in the management plan to prevent or reduce the hazards and risks associated with the operation of the port or part of the port; and\n\nS. 91C(2)(b) amended by No. 10/2016 s. 149(1).\n\n(b) follow the processes that are set out in the management plan to involve tenants, licensees and service providers in the port or part of the port with the implementation of the management plan; and\n\n(c) follow the procedures that are set out in the management plan for implementing, reviewing and revising the management plan.\n\n(3) The port manager must comply with any written direction of the Minister under section 91H.\n\n(4) The port manager must ensure that copies of the following documents are kept at the office of the port manager at the port—\n\nS. 91C(4)(a) amended by No. 10/2016 s. 149(2).\n\n(a) the port safety management plan and the environment management plan for the port or part of the port; and\n\n(b) the certificates required to be attached to those plans; and\n\nS. 91C(4)(c) amended by No. 25/2025 s. 39.\n\n(c) audit reports on the management plans prepared under section 91FA.\n\n(5) The port manager must ensure that copies of the documents referred to in subsection (4) are made available for inspection by a person authorised in writing by the Minister to have access to those documents.\n\nS. 91CA inserted by No. 54/2012 s. 5.\n\n\t91CA Safety and environment management planning objectives\n\nThe safety management and environment management planning objectives are—\n\n(a) promoting improvements in safety and environmental outcomes at Victoria's ports; and\n\n(b) promoting and facilitating the development, maintenance and implementation of systems that enable compliance with the various safety and environmental duties that apply to the operation of the port; and\n\n(c) promoting an integrated and systematic approach to risk management in relation to the operation of the port.\n\nS. 91D inserted by No. 85/2003 s. 18.\n\n","sortOrder":189},{"sectionNumber":"91D","sectionType":"section","heading":"Safety and environment management plans","content":"\t91D Safety and environment management plans\n\nS. 91D(1) amended by No. 54/2012 s. 6(1).\n\n(1) A safety management plan and an environment management plan must—\n\n(a) identify by a description, map or plan the area or areas of the port lands and waters to which it applies;\n\nS. 91D(1)(b) amended by No. 54/2012 s. 6(2).\n\n(b) identify the nature and extent of the safety or environmental hazards and risks (as the case requires) associated with the operation of the port;\n\n(c) assess the likely impact of those hazards and risks on the port and the surrounding area;\n\n(d) specify the measures and strategies to be implemented to prevent or reduce those hazards or risks;\n\n(e) nominate the person who is to be responsible for implementing those measures and strategies;\n\nS. 91D(1)(f) amended by No. 10/2016 s. 150(1).\n\n(f) set out the processes to be followed to involve tenants, licensees and service providers in the port or part of the port with the implementation of the management plan;\n\nS. 91D(1)(g) amended by No. 54/2012 s. 6(3).\n\n(g) set out the procedures to be followed for implementing, reviewing and revising the management plan;\n\nS. 91D(1)(h) inserted by No. 54/2012 s. 6(4), amended by No. 10/2016 s. 150(2).\n\n(h) set out those measures (if any) that the port manager intends to implement to eliminate or reduce the safety and environmental risks and hazards (as the case requires) of the port or part of the port;\n\nS. 91D(1)(i) inserted by No. 54/2012 s. 6(4).\n\n(i) set out the key performance indicators through which the port manager can assess the extent to which the implementation of the management plan achieves the safety and environment management planning objectives set out in section 91CA.\n\nS. 91D(2) amended by Nos 54/2012 s. 6(5), 10/2016 s. 150(3).\n\n(2) The safety management plan and the environment management plan for a port or part of a port must be prepared in accordance with this Part within 12 months after the declaration of the port or part of the port under section 6 or any later date that is fixed by the Minister with respect to the port or part of the port.\n\nS. 91D(3) substituted by No. 54/2012 s. 6(6), amended by No. 10/2016 s. 150(4).\n\n(3) The safety management plan and the environment management plan for a port or part of a port must be prepared in accordance with any Ministerial guidelines under section 91G.\n\nS. 91D(4) repealed by No. 54/2012 s. 6(7).\n\nS. 91E inserted by No. 85/2003 s. 18, substituted by No. 54/2012 s. 7.\n\n","sortOrder":190},{"sectionNumber":"91E","sectionType":"section","heading":"Audits of compliance","content":"\t91E Audits of compliance\n\nS. 91E(1) amended by No. 10/2016 s. 151(a).\n\n(1) A safety management plan for a commercial trading port or a part of a commercial trading port must be audited by a person who is approved by the Minister in accordance with subsection (5) to determine whether—\n\nS. 91E(1)(c) amended by No. 10/2016 s. 151(b).\n\n(c) the port manager is complying with the safety management plan for the port or the part of the port.\n\nS. 91E(2) amended by Nos 10/2016 s. 151(a), 39/2018 s. 51(7).\n\n(2) An environment management plan for a commercial trading port or a part of a commercial trading port must be audited by an environmental auditor appointed under Division 1 of Part 8.3 of the **Environment Protection Act 2017** to determine whether—\n\nS. 91E(2)(c) amended by No. 10/2016 s. 151(b).\n\n(c) the port manager is complying with the environment management plan for the port or the part of the port.\n\n(3) A safety management plan for a local port must be audited by a person who is approved by the Minister in accordance with subsection (5) to determine whether—\n\n(c) the port manager is complying with the safety management plan for the port.\n\nS. 91E(4) amended by No. 39/2018 s. 51(7).\n\n(4) An environment management plan for a local port must be audited by a person who is approved by the Minister in accordance with subsection (5) or an environmental auditor appointed under Division 1 of Part 8.3 of the **Environment Protection Act 2017** to determine whether—\n\n(c) the port manager is complying with the environment management plan for the port.\n\n(5) After consulting the relevant Ministers, the Minister may approve a person to audit safety management plans for a commercial trading port or a local port, or an environment management plan for a local port, if the Minister is satisfied the person has the appropriate qualifications or experience in—\n\n(a) for safety management plans, safety assessment or safety management to conduct the audits; or\n\n(b) for environment management plans, environmental assessment or environmental management to conduct the audits.\n\nS. 91F inserted by No. 85/2003 s. 18, amended by No. 63/2007 s. 16, substituted by Nos 54/2012 s. 7, 25/2025 s. 40.\n\n","sortOrder":191},{"sectionNumber":"91F","sectionType":"section","heading":"When must an audit be conducted?","content":"\t91F When must an audit be conducted?\n\n(1) The port manager of a port must ensure that an audit under section 91E is conducted within 3 years after the previous audit was conducted.\n\n(2) If the Minister gives the port manager a direction under section 91H(1) to prepare a new management plan, the port manager must ensure that—\n\n(a) an audit under section 91E is conducted within 6 months after the plan is prepared; and\n\n(b) subsequent audits are conducted in accordance with subsection (1).\n\n(3) Despite subsections (1) and (2), the Minister may, by notice in writing to a port manager, specify an alternative time within which an audit under section 91E must be completed if—\n\n(a) the Minister is of the opinion that the change is necessary or appropriate; and\n\n(b) the Minister has consulted with the relevant Ministers, if the time specified under this subsection is earlier than otherwise required by subsection (1) or (2).\n\nS. 91FA inserted by No. 54/2012 s. 7.\n\n\t91FA Reports on audits\n\nA person who has audited a management plan under section 91E must—\n\n(a) prepare a report to the port manager about the outcomes of the audit and the person's recommendations (if any) about any changes required to the plan or to the operations of the port to comply with the plan; and\n\n(b) forward a copy of the report to the Minister within 21 days after the person has completed the report; and\n\n(c) forward a copy of the report to any body that is prescribed in accordance with the regulations.\n\nS. 91G inserted by No. 85/2003 s. 18.\n\n\t91G Ministerial guidelines\n\n(1) The Minister may issue guidelines about the following matters in relation to management plans—\n\n(a) the form of the plans;\n\n(b) the content of the plans;\n\n(c) the method and process for preparing the plans;\n\n(d) the processes to enable tenants, licensees and service providers in the port to be involved in the preparation and implementation of the plans;\n\n(e) the processes for consultation with people affected by the plans;\n\nS. 91G(1)(f) amended by No. 54/2012 s. 8(a).\n\n(f) the publication and availability of management plans;\n\nS. 91G(1)(g) inserted by No. 54/2012 s. 8(b).\n\n(g) the form and content of reports under section 91HB;\n\nS. 91G(1)(h) inserted by No. 54/2012 s. 8(b).\n\n(h) the date by which a report under section 91HB must be prepared.\n\n(2) The guidelines must be published in the Government Gazette and made available for inspection free of charge at the office of the Minister.\n\n(3) The Minister must consult with the relevant Ministers before issuing guidelines under this section.\n\nS. 91H inserted by No. 85/2003 s. 18.\n\n\t91H Ministerial directions\n\nS. 91H(1) amended by No. 10/2016 s. 152(1).\n\n(1) The Minister may, by notice in writing to a port manager, direct that a management plan for the port or the part of the port must be prepared within any time fixed by the Minister other than that required by this Part.\n\nS. 91H(2) repealed by No. 54/2012 s. 9(1).\n\n(3) The Minister may, by notice in writing to a port manager, direct the port manager to—\n\nS. 91H(3)(a) amended by No. 10/2016 s. 152(2).\n\n(a) implement any of the measures or strategies that are specified in the management plan to prevent or reduce the hazards and risks associated with the operation of the port or the part of the port; or\n\nS. 91H(3)(b) amended by No. 10/2016 s. 152(2).\n\n(b) follow the processes that are set out in the management plan to involve tenants, licensees and service providers in the port or the part of the port with the implementation of the management plan; or\n\n(c) follow any procedures that are set out in the management plan for implementing, reviewing and revising the plan.\n\nS. 91H(4) amended by Nos 63/2007 s. 17, 54/2012 s. 9(2), 10/2016 s. 152(3), repealed by No. 25/2025 s. 41.\n\nS. 91H(4A) inserted by No. 54/2012 s. 9(3), repealed by No. 25/2025 s. 41.\n\nS. 91H(5) amended by Nos 54/2012 s. 9(4), 10/2016 s. 152(3).\n\n(5) The Minister may, by notice in writing to a port manager, direct the port manager to amend a management plan for the port or the part of the port to implement any recommendation of the person who has conducted an audit of the management plan under section 91E to make changes to the plan so that it continues to adequately provide for the matters required by section 91D(1).\n\nS. 91HA inserted by No. 54/2012 s. 10.\n\n\t91HA Publication of audit\n\n(1) The Minister may, by notice in writing to a port manager, direct that the report of a person who has conducted an audit of a management plan must be published in accordance with the direction or any guidelines issued under section 91G.\n\n(2) In requiring a port manager to publish a report under subsection (1), the Minister cannot require the port manager to publish any information that—\n\n(a) is of a confidential or commercially sensitive nature; or\n\n(b) relates to the personal affairs of any person (including a deceased person).\n\nS. 91HB inserted by No. 54/2012 s. 10.\n\n\t91HB Reporting\n\nS. 91HB(1) amended by No. 10/2016 s. 153.\n\n(1) The port manager must make an annual report to the Minister and any bodies that are prescribed by the regulations on the safety and environmental performance outcomes for the port or the part of the port.\n\n(2) A report under this section must comply with any guidelines issued under section 91G.\n\nS. 91I inserted by No. 85/2003 s. 18.\n\n","sortOrder":192},{"sectionNumber":"91I","sectionType":"section","heading":"Transitional provisions—management plans","content":"\t91I Transitional provisions—management plans\n\nDespite section 91C, the port manager of a port that was operating immediately before the date of commencement of section 18 of the **Port Services (Port Management Reform) Act 2003** must comply with section 91C within 12 months after that date or any later date that is fixed by the Minister with respect to the port.\n\nPt 6B (Heading and ss 91J–91N) inserted by No. 17/2009 s. 9.\n\n","sortOrder":193},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Port Development Strategy","content":"Part 6B—Port Development Strategy\n\nS. 91J inserted by No. 17/2009 s. 9.\n\n","sortOrder":194},{"sectionNumber":"91J","sectionType":"section","heading":"Definitions","content":"\t91J Definitions\n\n***direction*** means a direction issued by the Minister under section 91N;\n\n***guidelines*** means guidelines made under section 91M;\n\n***Port Development Strategy*** means a Port Development Strategy for each commercial trading port prepared under this Part;\n\n***port land owner*** means—\n\n(a) the owner of the land where the relevant commercial trading port is located; or\n\n(b) if there is more than one owner of the land where the relevant commercial trading port is located, the owner of the land that comprises the largest single area of land on which the relevant commercial trading port is located;\n\nS. 91J def. of *relevant port authority* amended by Nos 45/2010 s. 40, 38/2011 s. 34, 54/2012 s. 15, 10/2016 s. 154, 19/2022 s. 65.\n\n***relevant port authority*** means—\n\n(a) in the case of the port of Melbourne, the port of Melbourne operator;\n\n(b) in the case of the port of Hastings, the Port of Hastings Development Authority;\n\n(ba) in the case of a commercial trading port in relation to which an Order under section 91JA is in force, the entity declared to be the relevant port authority by that Order;\n\n(c) in the case of any other commercial trading port, the port land owner.\n\nS. 91JA inserted by No. 19/2022 s. 66.\n\n\t91JA Minister may declare entity to be relevant port authority\n\n(1) The Minister, by Order published in the Government Gazette, may declare that an entity specified in the Order is on and after a date specified in the Order the relevant port authority for a specified commercial trading port.\n\n(2) On and from the commencement of this section—\n\n(a) an Order is taken to be in force under subsection (1) declaring Geelong Port Pty Ltd (ABN 50 003 996 594) to be the relevant port authority for the port of Geelong and the Order may be amended or revoked at any time by the Minister; and\n\n(b) an Order is taken to be in force under subsection (1) declaring Port of Portland Pty Ltd (ABN 37 072 507 012) to be the relevant port authority for the port of Portland and the Order may be amended or revoked at any time by the Minister.\n\nS. 91K inserted by No. 17/2009 s. 9.\n\n","sortOrder":195},{"sectionNumber":"91K","sectionType":"section","heading":"Port Development Strategy","content":"\t91K Port Development Strategy\n\nS. 91K(1) amended by No. 10/2016 s. 155.\n\n(1) The relevant port authority must at intervals of 5 years prepare a Port Development Strategy in accordance with this Part.\n\n(2) A Port Development Strategy must include—\n\n(a) projections of trade through the commercial trading port;\n\n(b) current and projected land use requirements, including transitional land uses designed to protect the port from constraints on efficient operations and mitigate adverse impacts of port operations on adjacent uses;\n\n(c) current and projected infrastructure requirements for land and water in the commercial trading port;\n\n(d) current and projected transport infrastructure requirements for land and water in the commercial trading port;\n\n(e) any other matters specified in any guidelines.\n\n(3) The first Port Development Strategy must be prepared by the date specified in the guidelines.\n\n(4) A Port Development Strategy must be prepared and submitted to the Minister in accordance with the guidelines.\n\nS. 91L inserted by No. 17/2009 s. 9.\n\n","sortOrder":196},{"sectionNumber":"91L","sectionType":"section","heading":"Consultation requirements","content":"\t91L Consultation requirements\n\n(1) If a commercial trading port is located on land owned by different owners, the relevant port authority must consult with all the other land owners in preparing the Port Development Strategy.\n\n(2) If the port waters of a commercial trading port are managed by a channel operator who is not the relevant port authority, the relevant port authority must consult with the channel operator in preparing the Port Development Strategy.\n\nS. 91M inserted by No. 17/2009 s. 9.\n\n","sortOrder":197},{"sectionNumber":"91M","sectionType":"section","heading":"Guidelines","content":"\t91M Guidelines\n\n(1) The Minister may issue guidelines about the following matters in relation to a Port Development Strategy—\n\n(a) the form;\n\n(b) the content;\n\n(c) the method and process for preparation;\n\n(d) processes to enable tenants, licensees and service providers in the port to be involved in the preparation;\n\n(e) processes for consultation with people affected;\n\n(f) publication and availability.\n\n(2) The guidelines must be published in the Government Gazette and made available for inspection free of charge at the office of the Minister.\n\nS. 91N inserted by No. 17/2009 s. 9.\n\n","sortOrder":198},{"sectionNumber":"91N","sectionType":"section","heading":"Ministerial directions","content":"\t91N Ministerial directions\n\n(1) If a relevant port authority fails to prepare and submit a Port Development Strategy in accordance with section 91K, the Minister may, by notice in writing to the relevant port authority, direct that a Port Development Strategy for the relevant commercial trading port must be prepared and submitted within the time fixed by the Minister in the direction being at least 3 months after the date of the direction.\n\n(2) A relevant port authority must comply with a direction given to the relevant port authority under subsection (1).\n\n1. 240 penalty units.\n\n(3) If the Minister is of the opinion that the Port Development Strategy submitted by a relevant port authority—\n\n(a) has not been prepared in accordance with the guidelines; or\n\n(b) does not include the matters referred to in section 91K—\n\nthe Minister may, by notice in writing to the relevant port authority, direct the relevant port authority to amend and resubmit a Port Development Strategy within the time fixed by the Minister in the direction being at least 3 months after the date of the direction.\n\n(4) A relevant port authority must comply with a direction given to the relevant port authority under subsection (3).\n\n1. 240 penalty units.\n\nPt 6C (Heading and ss 91O–91V) inserted by No. 10/2016 s. 156.\n\n","sortOrder":199},{"sectionNumber":"Part 6C","sectionType":"part","heading":"Port of Melbourne Rail Access Strategy","content":"Part 6C—Port of Melbourne Rail Access Strategy\n\nS. 91O inserted by No. 10/2016 s. 156.\n\n","sortOrder":200},{"sectionNumber":"91O","sectionType":"section","heading":"Definitions","content":"\t91O Definitions\n\n***direction*** means a direction given under section 91U or 91V;\n\n***guidelines*** means guidelines made under section 91T;\n\n***Port Development Strategy*** has the same meaning as in Part 6B;\n\n***port rail shuttle***—see section 91P;\n\n***private sector entity*** has the same meaning as in the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**;\n\n***Rail Access Strategy***—see section 91Q.\n\nS. 91P inserted by No. 10/2016 s. 156.\n\n","sortOrder":201},{"sectionNumber":"91P","sectionType":"section","heading":"Meaning of *port rail shuttle*","content":"\t91P Meaning of *port rail shuttle*\n\nA ***port rail shuttle*** is a rail intermodal facility in, or in the vicinity of, the port of Melbourne that is connected to rail terminals outside the port, the purpose of which is to increase rail freight movements into and out of the port in order—\n\n(a) to provide an alternative to the movement of freight into and out of the port by means of road transport; and\n\n(b) to reduce traffic congestion on roads in and around the port caused by the movement of freight into and out of the port by means of road transport.\n\nS. 91Q inserted by No. 10/2016 s. 156.\n\n","sortOrder":202},{"sectionNumber":"91Q","sectionType":"section","heading":"Rail Access Strategy","content":"\t91Q Rail Access Strategy\n\n(1) The port of Melbourne operator must prepare a strategy (a ***Rail Access Strategy***) in accordance with this Part.\n\n(2) The port of Melbourne operator must prepare—\n\n(a) the first Rail Access Strategy within 3 years after the first lease of land comprising port assets is granted to a private sector entity under section 11 of the **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016**; and\n\n(b) every other Rail Access Strategy at the same time as it prepares a Port Development Strategy under Part 6B.\n\n(3) The port of Melbourne operator must prepare and submit a Rail Access Strategy to the Minister.\n\n(4) A Rail Access Strategy must set out—\n\n(a) options for rail infrastructure projects for improving rail access for the movement of freight into and out of the port of Melbourne; and\n\n(b) a commercial assessment of each identified option that—\n\n(i) in the case of the first Rail Access Strategy prepared under this Part, includes—\n\n(A) projections of trade through the port of Melbourne; and\n\n(B) current and projected transport infrastructure requirements for land and water in the port of Melbourne; and\n\n(ii) in the case of every other Rail Access Strategy prepared under this Part, is consistent with the applicable Port Development Strategy for the port of Melbourne; and\n\n(iii) in all cases, includes any other matter specified in the guidelines; and\n\n(c) the implementation timing for each identified option.\n\n(5) One of the options set out in the first Rail Access Strategy must be the development of a port rail shuttle.\n\n(6) Every rail infrastructure project identified as an option set out in a Rail Access Strategy must be capable of being implemented within 5 years after it has been submitted to the Minister in accordance with this section.\n\n(7) If there are guidelines in effect in respect of the form and content of a Rail Access Strategy, and the method and process for preparation of a Rail Access Strategy, the port of Melbourne operator must prepare and submit a Rail Access Strategy to the Minister in accordance with the guidelines.\n\nS. 91R inserted by No. 10/2016 s. 156.\n\n\t91R Rail infrastructure project options in Rail Access Strategy are major infrastructure projects for the purposes of the Infrastructure Victoria Act 2015\n\nA rail infrastructure project identified as an option in a Rail Access Strategy is a major infrastructure project for the purposes of section 44 of the **Infrastructure Victoria Act 2015**.\n\nS. 91S inserted by No. 10/2016 s. 156.\n\n","sortOrder":203},{"sectionNumber":"91S","sectionType":"section","heading":"Consultation","content":"\t91S Consultation\n\n(1) In preparing a Rail Access Strategy, the port of Melbourne operator must consult with—\n\n(a) port of Melbourne users; and\n\n(b) owners and tenants of port of Melbourne land; and\n\n(c) licensees at the port of Melbourne; and\n\n(d) persons who wish to design, construct or operate rail infrastructure at the port of Melbourne; and\n\n(e) persons who wish to provide rail freight services at the port of Melbourne; and\n\n(f) relevant government agencies; and\n\n(g) any stakeholders specified in guidelines.\n\n(2) If there are guidelines in effect that set out a process for consultation with the persons and entities listed in subsection (1), the port of Melbourne operator must, in preparing a Rail Access Strategy, consult with those persons and entities in accordance with the guidelines.\n\nS. 91T inserted by No. 10/2016 s. 156.\n\n","sortOrder":204},{"sectionNumber":"91T","sectionType":"section","heading":"Guidelines","content":"\t91T Guidelines\n\n(1) The Minister may issue guidelines about any one or more of the following matters in relation to a Rail Access Strategy—\n\n(a) the form;\n\n(b) the content;\n\n(c) the method and process for preparation;\n\n(d) processes for consultation;\n\n(e) stakeholders for the purposes of section 91S(1)(g);\n\n(f) publication and availability.\n\n(2) The guidelines must be published in the Government Gazette and made available for inspection free of charge at the office of the Minister.\n\nS. 91U inserted by No. 10/2016 s. 156.\n\n","sortOrder":205},{"sectionNumber":"91U","sectionType":"section","heading":"Ministerial directions if port of Melbourne operator fails to prepare and submit a Rail Access Strategy","content":"\t91U Ministerial directions if port of Melbourne operator fails to prepare and submit a Rail Access Strategy\n\n(1) This section applies if the port of Melbourne operator fails to prepare and submit a Rail Access Strategy in accordance with section 91Q.\n\n(2) The Minister, by written notice given to the port of Melbourne operator, may direct the operator to prepare and submit a Rail Access Strategy to the Minister by the date specified in the direction.\n\n(3) The date specified in a direction under subsection (2) must be at least 3 months after the date of the direction.\n\n(4) The port of Melbourne operator must comply with a direction given to it under subsection (2).\n\nS. 91V inserted by No. 10/2016 s. 156.\n\n","sortOrder":206},{"sectionNumber":"91V","sectionType":"section","heading":"Ministerial directions if Rail Access Strategy is non‑compliant","content":"\t91V Ministerial directions if Rail Access Strategy is non‑compliant\n\n(1) This section applies if the Minister is of the opinion that a Rail Access Strategy submitted by the port of Melbourne operator—\n\n(a) has not been prepared in accordance with the guidelines, if any; or\n\n(b) does not set out the matters required to be set out under section 91Q.\n\n(2) The Minister, by written notice given to the port of Melbourne operator, may direct the operator to amend and resubmit the Rail Access Strategy to the Minister by the date specified in the direction.\n\n(3) The date specified in a direction under subsection (2) must be at least 3 months after the date of the direction.\n\n(4) The port of Melbourne operator must comply with a direction given to it under subsection (2).\n\n","sortOrder":207},{"sectionNumber":"Part 7","sectionType":"part","heading":"General","content":"Part 7—General\n\n","sortOrder":208},{"sectionNumber":"92","sectionType":"section","heading":"Port corporation may act under certain agreements and instruments","content":"\t92 Port corporation may act under certain agreements and instruments\n\n(1) If, under section 100 or an allocation statement under section 101, the rights and liabilities of a port authority under an agreement or instrument, vest in or become liabilities of a port corporation (***the first corporation***)—\n\n(a) another port corporation may, with the agreement of the first corporation and instead of the first corporation, perform personally or by an agent any obligation, act or conduct allowed to be performed by the first corporation under, or indemnify the first corporation in respect of any liability of the first corporation under, that agreement or instrument; and\n\n(b) the performance by the other port corporation of any obligation, act or conduct allowed to be performed by the first corporation under or in relation to that agreement or instrument is for all purposes deemed to be performance by the first corporation.\n\nS. 92(2) repealed by No. 63/1997 s. 6(4).\n\n(3) Nothing in this section shall be construed as imposing any liability on a port corporation in favour of any party to the relevant agreement or instrument.\n\n","sortOrder":209},{"sectionNumber":"93","sectionType":"section","heading":"Amendment of planning schemes","content":"\t93 Amendment of planning schemes\n\n(1) In addition to any other powers to prepare or approve amendments to any planning scheme, the Minister administering the **Planning and Environment Act 1987** may prepare and approve an amendment to any planning scheme to do any one or more of the following—\n\nS. 93(1)(a) amended by Nos 46/1998  \n\n(a) substitute a reference to a Minister, the Secretary to the Department of Transport and Planning, a port corporation, a channel operator, Safe Transport Victoria or a port operator for a reference to a port authority;\n\n(b) change the designation of land from being reserved or zoned for the purposes of a specified port authority to being reserved or zoned for general port purposes;\n\nS. 93(1)(c) amended by Nos 46/1998  \n\n(c) specify the Minister administering the **Planning and Environment Act 1987**, the Secretary to the Department of Transport and Planning, a port authority, a port corporation, a channel operator, Safe Transport Victoria, a municipal council or a port operator as a responsible authority for the administration or enforcement of the planning scheme or of a specified provision of the planning scheme;\n\nS. 93(1)(d) amended by Nos 46/1998  \n\n(d) specify a Minister, the Secretary to the Department of Transport and Planning, a port authority, a port corporation, a channel operator, Safe Transport Victoria or a port operator as a referral authority for applications of a specified kind;\n\n(e) provide that no permit is required to be obtained by a port authority, port corporation, channel operator or port operator for a use or development of land of a specified class;\n\n(f) zone or re-zone land forming part of port land or port waters and describe the objects and purposes of those zones and of particular use and development controls within those zones.\n\n(2) Subsection (1) authorises the preparation of only one amendment to each existing planning scheme.\n\n(3) The **Planning and Environment Act 1987**, except for section 12 and Divisions 1 and 2 of Part 3, applies to the preparation and approval of an amendment under subsection (1).\n\nS. 94 substituted by No. 66/2012 s. 28.\n\n","sortOrder":210},{"sectionNumber":"94","sectionType":"section","heading":"Liability of officers of bodies corporate","content":"\t94 Liability of officers of bodies corporate\n\n(1) If a body corporate commits an offence against any of the following provisions, an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate—\n\n(a) section 63A;\n\n(b) section 73E(1);\n\n(c) section 73O(3);\n\n(d) section 88M(1);\n\n(e) section 88O;\n\n(f) section 91C(2);\n\n(g) section 91C(3).\n\n(2) An officer of a body corporate who is found guilty of an offence by force of subsection (1) is liable to a penalty not exceeding the maximum penalty for a natural person for the offence.\n\n(3) In determining whether an officer of a body corporate failed to exercise due diligence, regard must be had to—\n\n(a) the officer's knowledge about the matter concerned; and\n\n(b) the extent of the officer's ability to make, or participate in the making of, decisions that affect the body corporate in relation to the matter concerned; and\n\n(c) the actions taken (if any) by the officer to prevent the contravention by the body corporate; and\n\n(d) any other relevant matter.\n\n(4) An officer of a body corporate may commit an offence against a provision referred to in subsection (1) whether or not the body corporate is proceeded against or found guilty of an offence against that provision.\n\n(5) In this section, ***officer***—\n\n(a) in relation to a body corporate that is a corporation as defined by section 9 of the Corporations Act, has the same meaning as officer of a corporation has in section 9 of that Act; or\n\n(b) in relation to a body corporate which is not a corporation as defined by section 9 of the Corporations Act, means any person (by whatever name called) who is concerned in, or takes part in, the management of the body corporate.\n\n","sortOrder":211},{"sectionNumber":"95","sectionType":"section","heading":"Service of documents on port corporation","content":"\t95 Service of documents on port corporation\n\n(1) A document required or authorised to be served on a port corporation may be served—\n\n(a) personally on a person—\n\n(i) apparently concerned in the management of the port corporation; or\n\n(ii) apparently authorised to accept service of documents on behalf of the port corporation; or\n\n(b) by post to the port corporation at its principal office.\n\n(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a port corporation in any other manner.\n\n","sortOrder":212},{"sectionNumber":"96","sectionType":"section","heading":"Treasurer may give guarantee","content":"\t96 Treasurer may give guarantee\n\n(1) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person guaranteeing the due satisfaction of amounts that become payable by a port corporation under section 104(1) or because of Part 8 or of amounts that become payable, and of other actions required to be performed, as a result of or in connection with the provision to a port corporation of financial accommodation including, but not limited to, the payment of expenses of enforcing or obtaining or endeavouring to obtain such satisfaction.\n\n(2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under this section shall be paid out of the Consolidated Fund, which is to the necessary extent appropriated accordingly.\n\n(3) Any sums received or recovered by the Treasurer from a port corporation or otherwise in respect of any sum paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund.\n\nS. 97  \nrepealed by No. 51/1996 s. 11, new s. 97 inserted by No. 93/2009 s. 13, amended by Nos 54/2012 s. 16, 10/2016 s. 179(Sch. 1 item 7.35), 55/2017 s. 51(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":213},{"sectionNumber":"97","sectionType":"section","heading":"Power to prosecute","content":"\t97 Power to prosecute\n\nS. 97(1) amended by No. 19/2022 s. 61.\n\n(1) Proceedings for an offence against Part 4A or Part 5B or regulations made under section 98(1)(cb), (cc) or (cd) may be commenced by any person authorised in writing either generally or in a particular case by Ports Victoria.\n\nS. 97(2) inserted by No. 55/2017 s. 51(2).\n\n(2) Proceedings for an offence against this Act or regulations made under this Act may be commenced by the Secretary.\n\n","sortOrder":214},{"sectionNumber":"98","sectionType":"section","heading":"Regulations","content":"\t98 Regulations\n\nS. 98(1) substituted by No. 85/2003 s. 19(1).\n\n(1) The Governor in Council may, with respect to commercial trading ports managed by a port corporation or local ports generally or with respect to a specified commercial trading port managed by a port corporation or local port, make regulations for or with respect to—\n\n(a) the management of the ports or port;\n\n(b) the conduct and behaviour of people within the ports or port, and the conditions on which people may be admitted to, or excluded from, any part of the ports or port;\n\n(c) traffic co-ordination and the movement and the parking of vehicles within the ports or port;\n\nS. 98(1)(ca) inserted by No. 93/2009 s. 14(a), repealed by No. 54/2012 s. 17(1).\n\nS. 98(1)(cb) inserted by No. 93/2009 s. 14(a), amended by No. 54/2012 s. 17(2).\n\n(cb) prohibition or regulation of the carrying out on port land or on vessels in port waters or elsewhere in port waters of hazardous port activities, including but not limited to—\n\n(i) notification of any such hazardous port activities;\n\n(ii) authorisation of the carrying out of any such hazardous port activities;\n\n(iii) conditions to which such authorisations are subject and any other matters for or with respect to such authorisations;\n\n(iv) recovery of costs associated with the regulation of the carrying out of such hazardous port activities and of any action required to be taken in relation to the carrying out of such hazardous port activities;\n\n(v) forms and notices relating to the carrying out of such activities;\n\nS. 98(1)(cc) inserted by No. 93/2009 s. 14(a), amended by No. 25/2025 s. 42(1).\n\n(cc) the moving of unattended things;\n\nS. 98(1)(cd) inserted by No. 93/2009 s. 14(a), amended by No. 25/2025 s. 42(2).\n\n(cd) procedures for dealing with unattended things, including but not limited to—\n\nS. 98(1)(cd)(i) amended by No. 25/2025 s. 42(2).\n\n(i) storage of unattended things;\n\n(ii) the nature of enquiries to be made as to the ownership of the things;\n\n(iii) methods of collection of things by owners and notification of that method to owners;\n\n(iv) methods of disposal for particular things;\n\n(v) methods for recovery of costs of storage and disposal of things;\n\nS. 98(1)(cd)(vi) amended by No. 25/2025 s. 42(2).\n\n(vi) the keeping of registers of unattended things;\n\nS. 98(1)(ce) inserted by No. 54/2012 s. 17(3).\n\n(ce) prescribing bodies for the purposes of sections 91FA and 91HB;\n\nS. 98(1)(d) amended by No. 93/2009 s. 14(b).\n\n(d) prescribing penalties not exceeding 20 penalty units for breaches of the regulations;\n\n(e) prescribing any other matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect with respect to the ports or port.\n\nS. 98(1A) inserted by No. 10/2016 s. 157(1), substituted by No. 41/2021 s. 138.\n\n(1A) In addition, the Governor in Council may make regulations or with respect to—\n\n(a) prescribing provisions of this Act as civil penalty requirements for the purposes of the **Essential Services Commission Act 2001**;\n\n(b) prescribing amounts for the purposes of section 54E(b), (c), (d) or (g) of the **Essential Services Commission Act 2001**;\n\n(c) prescribing amounts of notice penalties for the purposes of section 54U(b), (c), (d) or (g) of the **Essential Services Commission Act 2001**;\n\n(d) prescribing any other matter that is required for the operation of civil penalty orders in Division 1 of Part 7 of the **Essential Services Commission Act 2001**;\n\n(e) prescribing any other matter that is required to be prescribed for the operation of the penalty notice regime in Division 2 of Part 7 of the **Essential Services Commission Act 2001**;\n\n(f) any other matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act may be made—\n\nS. 98(2)(aa) inserted by No. 10/2016 s. 157(2).\n\n(aa) so as to be of general or limited application;\n\nS. 98(2)(aab) inserted by No. 10/2016 s. 157(2).\n\n(aab) so as to differ according to differences in time, place or circumstances;\n\n(a) so as to apply—\n\nS. 98(2)(a)(i) repealed by No. 10/2016 s. 157(3).\n\nS. 98(2)(a)(ii) amended by No. 85/2003 s. 19(2).\n\n(ii) throughout the whole of the port area or in a specified part of that area;\n\n(b) so as to require a matter affected by the regulations to be—\n\n(i) in accordance with a specified standard or specified requirement; or\n\n(ii) approved by or to the satisfaction of a prescribed person;\n\n(c) so as to incorporate, adopt or apply, wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or\n\n(ii) as amended from time to time;\n\n(d) so as to confer a discretionary authority on a prescribed person;\n\n(e) so as to provide, in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified.\n\nS. 98(3) inserted by No. 51/2014 s. 9(Sch. 2 item 14.3).\n\n(3) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nPt 8 (Heading) substituted by No. 23/2003 s. 11.\n\n","sortOrder":215},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transfer of property by port authorities to certain port corporations","content":"Part 8—Transfer of property by port authorities to certain port corporations\n\n","sortOrder":216},{"sectionNumber":"99","sectionType":"section","heading":"Definitions","content":"\t99 Definitions\n\n(1) In this Part—\n\n***former port authority instrument*** means—\n\n(a) in relation to former port authority property of which PMA is the transferor, PMA instrument;\n\n(b) in relation to former port authority property of which PGA is the transferor, PGA instrument;\n\n(c) in relation to former port authority property of which PPA is the transferor, PPA instrument;\n\n***former port authority property*** means property, rights or liabilities of a port authority that, under this Part, have vested in, or become liabilities of, a port corporation, of a subsidiary that is wholly owned by the port authority or of the State;\n\n***PGA instrument*** means an instrument (including a legislative instrument other than this Act and regulations under this Act and the **Port of Geelong Authority Act 1958** and regulations under that Act) subsisting immediately before the appropriate relevant date—\n\n(a) to which PGA was a party; or\n\n(b) that was given to or in favour of PGA; or\n\n(c) that refers to PGA; or\n\n(i) money is, or may become, payable to or by PGA; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by PGA;\n\n***PMA instrument*** means an instrument (including a legislative instrument other than this Act and regulations under this Act and the **Port of Melbourne Authority Act 1958** and regulations under that Act) subsisting immediately before the appropriate relevant date—\n\n(a) to which PMA was a party; or\n\n(b) that was given to or in favour of PMA; or\n\n(c) that refers to PMA; or\n\n(i) money is, or may become, payable to or by PMA; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by PMA;\n\nS. 99(1) def. of *port authority* inserted by No. 63/1997  \ns. 7(1)(a), amended by No. 11/2024 s. 105(a).\n\n***port authority*** includes, in relation to port property, the former SEC;\n\nS. 99(1) def. of *port authority instrument* inserted by No. 63/1997  \ns. 7(1)(a).\n\n***port authority instrument*** has the same meaning as in Part 11;\n\nS. 99(1) def. of *port corporation* inserted by No. 23/2003 s. 12.\n\n***port corporation*** means—\n\n(a) Melbourne Port Corporation, within the meaning of this Act, as in force immediately before the commencement of section 5 of the **Port Services (Port of Melbourne Reform) Act 2003**; or\n\n(b) Hastings Port (Holding) Corporation; or\n\n(c) Victorian Channels Authority;\n\n***PPA instrument*** means an instrument (including a legislative instrument other than this Act and regulations under this Act and the **Port of Portland Authority Act 1958** and regulations under that Act) subsisting immediately before the appropriate relevant date—\n\n(a) to which PPA was a party; or\n\n(b) that was given to or in favour of PPA; or\n\n(c) that refers to PPA; or\n\n(i) money is, or may become, payable to or by PPA; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by PPA;\n\n***relevant date***—\n\n(a) in relation to property or rights of PMA that are transferred to MPC under section 100, means the commencement of that section;\n\n(b) in relation to an allocation statement under section 101 or property, rights or liabilities allocated under such an allocation statement, means the date fixed by the Treasurer under subsection (2) for the purposes of that statement;\n\nS. 99(1) def. of *transferee* amended by No. 63/1997  \ns. 7(1)(b).\n\n***transferee***, in relation to former port authority property or port property, means the port corporation, the subsidiary that is wholly owned by a port authority or the State to which the property has been transferred under this Part;\n\nS. 99(1) def. of *transferor* amended by Nos 63/1997  \ns. 7(1)(c), 11/2024 s. 105(b).\n\n***transferor***, in relation to former port authority property, means the port authority from which the former port authority property was transferred under this Part and, in relation to port property, means the former SEC.\n\n(2) The Treasurer may, by notice published in the Government Gazette, fix the relevant date for the purposes of an allocation statement under section 101.\n\n(3) Nothing in this Part enables the transfer of any Crown land.\n\nDivision 2—Transfer by operation of Act\n\n","sortOrder":217},{"sectionNumber":"100","sectionType":"section","heading":"Transfer of certain port authority property to MPC","content":"\t100 Transfer of certain port authority property to MPC\n\nOn the commencement of this section, the property and rights of PMA in the land described in the folios of the Register set out below vest in MPC subject to the encumbrances (if any) to which they were subject immediately before so vesting.\n\n| **Volume** | **Folio** |\n| 3523 | 704573 |\n| 9352 | 954 |\n| 2369 | 473640 |\n| 3000 | 599980 |\n| 3118 | 623563 |\n| 3473 | 694519 |\n| 3798 | 759565 |\n| 3523 | 704574 |\n| 9352 | 955 |\n\nDivision 3—Transfer by allocation\n\n","sortOrder":218},{"sectionNumber":"101","sectionType":"section","heading":"Treasurer may direct transfer of property","content":"\t101 Treasurer may direct transfer of property\n\n(1) The Treasurer, after consultation with the Minister, may give a direction in writing to a port authority directing it to transfer, in accordance with the direction, property, rights and liabilities of a specified kind to—\n\n(a) a port corporation; or\n\n(b) a subsidiary that is wholly owned by the port authority; or\n\n(c) the State.\n\n(2) Within 21 days after receiving a direction under subsection (1), the port authority must give to the Treasurer a statement approved by the Treasurer relating to the property, rights and liabilities of the port authority to which the direction relates, as at a date specified by the Treasurer for the purposes of this section.\n\n(3) A statement under this section—\n\n(a) must allocate the property, rights and liabilities of the port authority shown in the statement in accordance with the directions of the Treasurer; and\n\n(b) must be signed by the chief executive officer of the port authority.\n\n(4) If a statement under this section is approved by the Treasurer and the Minister—\n\n(a) the Treasurer and the Minister must sign the statement; and\n\n(b) the statement is an allocation statement for the purposes of this Part.\n\n(5) The Treasurer and the Minister may at any time direct a port authority to amend a statement given to them under this section as specified in the direction.\n\n(6) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister.\n\n(7) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\n","sortOrder":219},{"sectionNumber":"102","sectionType":"section","heading":"Property transferred in accordance with direction","content":"\t102 Property transferred in accordance with direction\n\nOn the relevant date—\n\n(a) all property and rights of a port authority, wherever located, that are allocated under an allocation statement in accordance with a direction of the Treasurer under section 101, vest in a port corporation, a subsidiary that is wholly owned by the port authority or the State in accordance with the statement; and\n\n(b) all liabilities of a port authority, wherever located, that are allocated under an allocation statement become liabilities of a port corporation, a subsidiary that is wholly owned by the port authority or the State in accordance with the statement.\n\n","sortOrder":220},{"sectionNumber":"103","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t103 Allocation of property etc. subject to encumbrances\n\nUnless an allocation statement under this Part otherwise provides, where, under this Part—\n\n(a) property and rights vest in; or\n\n(b) liabilities become liabilities of—\n\na transferee in accordance with a direction under section 101—\n\n(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which the transferor was entitled in respect of those liabilities immediately before they ceased to be liabilities of the transferor vest in the transferee.\n\n","sortOrder":221},{"sectionNumber":"104","sectionType":"section","heading":"Payments in respect of financial obligations","content":"\t104 Payments in respect of financial obligations\n\n(1) If—\n\n(a) an Order has been made under section 36D(1) or 36E(1) of the **Treasury Corporation of Victoria Act 1992** relating to financial obligations of PMA; and\n\n(b) responsibility for those financial obligations has become the responsibility of a port corporation under an allocation statement under this Part—\n\nthen—\n\n(c) the port corporation must pay to the Treasury Corporation of Victoria such amounts, and at such times, as PMA would have been liable to pay in respect of those financial obligations if the Order had not been made, except in so far as the Corporation and the port corporation otherwise agree; and\n\n(d) the Corporation must pay to the port corporation such amounts, and at such times, as PMA would have been entitled to receive in respect of those financial obligations if the Order had not been made, except in so far as the Corporation and the port corporation otherwise agree.\n\n(2) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the Treasury Corporation of Victoria or the port corporation, as the case requires.\n\nDivision 4—General\n\n","sortOrder":222},{"sectionNumber":"105","sectionType":"section","heading":"Certificate of chief executive officer","content":"\t105 Certificate of chief executive officer\n\n(1) A certificate signed by the chief executive officer of a port authority that is a transferor certifying that property, rights or liabilities of the port authority specified in the certificate have been vested in or become liabilities of the transferee in accordance with section 100 or have been allocated under an allocation statement in accordance with section 101 is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the property, rights or liabilities have been so vested or allocated or become liabilities of the transferee; and\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.\n\n(2) If the Treasurer and the Minister so direct the chief executive officer of a transferor in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(3) The chief executive officer of a transferor—\n\n(a) must keep a register of certificates issued under this section; and\n\n(b) must make the register reasonably available for inspection by a transferee or other interested person.\n\n","sortOrder":223},{"sectionNumber":"106","sectionType":"section","heading":"Value of former port authority property","content":"\t106 Value of former port authority property\n\n(1) The value to MPC as at the commencement of section 100 of the property and rights of PMA transferred under that section is the value determined by the Treasurer.\n\n(2) The value to a transferee as at the relevant date of property, rights and liabilities of the transferor that are allocated to it under an allocation statement is the value shown in, or calculated in accordance with, the relevant allocation statement.\n\n","sortOrder":224},{"sectionNumber":"107","sectionType":"section","heading":"Substitution of party to agreement","content":"\t107 Substitution of party to agreement\n\nWhere, under section 100 or an allocation statement, the rights and liabilities of a port authority under an agreement vest in or are allocated to a transferee in accordance with that section or a direction under section 101—\n\n(a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and\n\n(b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.\n\nS. 108 amended by No. 63/1997  \ns. 7(2).\n\n","sortOrder":225},{"sectionNumber":"108","sectionType":"section","heading":"Former port authority instruments","content":"\t108 Former port authority instruments\n\nEach former port authority instrument relating to former port authority property, and each port authority instrument relating to port property, continues to have effect according to its tenor on and after the relevant date in relation to the transfer of that property as if a reference in the instrument to the transferor were a reference to the transferee.\n\nS. 109 amended by No. 63/1997  \n\n","sortOrder":226},{"sectionNumber":"109","sectionType":"section","heading":"Proceedings","content":"\t109 Proceedings\n\nIf, immediately before the relevant date, proceedings relating to former port authority property or port property (including arbitration proceedings) of a transferor to which the transferor was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for the transferor as a party to the proceedings and has the same rights in the proceedings as the transferor had.\n\nS. 110 amended by No. 63/1997  \n\n","sortOrder":227},{"sectionNumber":"110","sectionType":"section","heading":"Interests in land","content":"\t110 Interests in land\n\nWithout prejudice to the generality of this Part and despite anything to the contrary in any other Act or law if, immediately before the relevant date, a transferor is, in relation to former port authority property or port property of the transferor, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(a) the transferee is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the transferee has the same rights and remedies in respect of that interest as the transferor had.\n\n","sortOrder":228},{"sectionNumber":"111","sectionType":"section","heading":"Amendment of Register","content":"\t111 Amendment of Register\n\nS. 111(1) amended by No. 63/1997  \n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of the transferor of former port authority property or port property, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 111(2) repealed by No. 85/1998 s. 24(Sch. item 46.2).\n\nS. 111(3) amended by No. 63/1997  \ns. 7(3), repealed by No. 85/1998 s. 24(Sch. item 46.2).\n\n","sortOrder":229},{"sectionNumber":"112","sectionType":"section","heading":"Taxes","content":"\t112 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of a port authority.\n\n","sortOrder":230},{"sectionNumber":"113","sectionType":"section","heading":"Evidence","content":"\t113 Evidence\n\nS. 113(1) amended by No. 63/1997  \n\n(1) Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to former port authority property or port property if this Part had not been enacted is admissible for or against the interests of the transferee.\n\nS. 113(2) amended by Nos 63/1997  \ns. 7(3), 69/2009 s. 54(Sch. Pt 1 item 43.1).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of a port authority and to entries made in those books of account before the relevant date, whether or not they relate to former port authority property or port property, as if those books of account and entries were business records.\n\nS. 113(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 43.3).\n\n","sortOrder":231},{"sectionNumber":"114","sectionType":"section","heading":"Validity of things done under this Part","content":"\t114 Validity of things done under this Part\n\nNothing effected or to be effected by this Part or done or suffered under this Part—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\n(b) is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or\n\n(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or\n\n(f) is to be regarded as frustrating any contract; or\n\n(g) releases any surety or other obligee wholly or in part from any obligation.\n\nDivision 5—Rights as between transferees\n\n","sortOrder":232},{"sectionNumber":"115","sectionType":"section","heading":"Interim arrangements","content":"\t115 Interim arrangements\n\nS. 115(1) amended by No. 63/1997  \n\n(1) Each transferee of former port authority property or port property (***the new body***)—\n\nS. 115(1)(a) amended by No. 63/1997  \n\n(a) may, subject to any agreement to the contrary, exercise such rights and privileges (including access to goods and services) in relation to former port authority property or port property that has become property of another transferee as are reasonably necessary to enable the new body to carry out its functions in a manner similar to the manner in which the relevant port authority carried out corresponding functions before the relevant date; and\n\n(b) must, subject to any agreement to the contrary—\n\nS. 115(1)(b)(i) amended by No. 63/1997  \n\n(i) permit any other transferee to exercise such rights and privileges in relation to former port authority property or port property that has become property of the new body; and\n\nS. 115(1)(b)(ii) amended by No. 63/1997  \n\n(ii) make available to each other transferee such goods and services as are available from that former port authority property or port property—\n\nas are reasonably necessary to enable the other transferee to carry out its functions in a manner similar to the manner in which the relevant port authority carried out corresponding functions before the relevant date.\n\nS. 115(2) amended by No. 63/1997  \n\n(2) A transferee must pay such reasonable charges for the exercise of rights and privileges under subsection (1)(a) in respect of former port authority property or port property of another transferee as are determined by the other transferee and agreed between the parties or, if the other transferee determines charges and there is no agreement, as are determined by the Treasurer.\n\n","sortOrder":233},{"sectionNumber":"116","sectionType":"section","heading":"Easements","content":"\t116 Easements\n\n(1) A transferee may, subject to and in accordance with any agreement entered into with another transferee, exercise such rights and privileges in respect of easements to which the other transferee is entitled as are reasonably necessary to enable the first-mentioned transferee to carry out its functions in a manner similar to the manner in which the transferor carried out corresponding functions before the relevant date.\n\n(2) A transferee must pay such reasonable charges for the exercise of rights and privileges under subsection (1) in respect of easements to which another transferee is entitled as are determined by the other transferee and agreed by the first‑mentioned transferee or, if there is no agreement, as are determined by the Treasurer.\n\nPt 9 (Heading) substituted by No. 23/2003 s. 13.\n\n","sortOrder":234},{"sectionNumber":"Part 9","sectionType":"part","heading":"Staff of port authorities","content":"Part 9—Staff of port authorities\n\n","sortOrder":235},{"sectionNumber":"117","sectionType":"section","heading":"Definitions","content":"\t117 Definitions\n\nS. 117 def. of *complying super-annuation scheme* substituted as *complying super-annuation fund* by No. 4/1996 s. 134(10)(a).\n\n***complying superannuation fund*** means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;\n\n***current defined benefit scheme*** means—\n\n(a) the Port of Melbourne Authority Superannuation Scheme;\n\n(b) the State Employees Retirement Benefits Fund;\n\n(c) the State Superannuation Fund;\n\n(d) the Transport Superannuation Fund;\n\n(e) the Local Authorities Superannuation Fund;\n\nS. 117 def. of *designated agency* amended by Nos 77/2001 s. 32(4)(e), 6/2010 s. 203(1)(Sch. 6 item 36.3) (as amended by No. 45/2010 s. 22), 34/2023 s. 127(Sch. 1 item 9.11).\n\n***designated agency*** means—\n\n(a) the Environment Protection Authority of Victoria;\n\n(b) Safe Transport Victoria;\n\n(c) the Health and Safety Organisation;\n\n***designated agency employee*** means a port authority employee who accepts an offer of employment made by a designated agency under section 118(1);\n\n***designated port employee*** means a port authority employee who accepts an offer of employment made by a local authority under section 118(2);\n\n***port authority employee*** means a person who immediately before the commencement of this Part is an employee of—\n\n(a) PMA; or\n\n(b) PGA; or\n\n(c) PPA;\n\nS. 117 def. of *port corporation* inserted by No. 23/2003 s. 14.\n\n***port corporation*** means—\n\n(a) Melbourne Port Corporation, within the meaning of this Act, as in force immediately before the commencement of section 5 of the **Port Services (Port of Melbourne Reform) Act 2003**; or\n\n(b) Hastings Port (Holding) Corporation; or\n\n(c) Victorian Channels Authority;\n\n***port corporation employee*** means a port authority employee who accepts an offer of employment made by a port corporation under section 118(1);\n\n***purchaser*** means—\n\n(a) a port operator; or\n\n(b) a channel operator; or\n\n(c) a person declared by the Minister by instrument in writing to be a purchaser;\n\n***regional port employee*** means a port authority employee who accepts an offer of employment made by a purchaser before the expiry of the transfer period;\n\n***transfer period*** means in respect of each purchaser the period of 2 months commencing on the date on which the purchase is completed.\n\n","sortOrder":236},{"sectionNumber":"118","sectionType":"section","heading":"Rights of port authority staff","content":"\t118 Rights of port authority staff\n\n(1) If, before 30 June 1996 or such later date as is specified by the Minister for the purposes of this subsection by notice published in the Government Gazette before 30 June 1996, an employee of a port authority accepts an offer of employment made by a port corporation or a designated agency—\n\n(a) the employee is to be regarded as having accrued an entitlement to benefits, in connection with his or her employment by the port corporation or the designated agency, that is equivalent to the entitlement that he or she had accrued, as an employee of the port authority, immediately before the commencement of his or her employment by the port corporation or the designated agency;\n\n(b) the service of the employee as an employee of the port corporation or the designated agency is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the commencement of his or her employment by the port corporation or the designated agency, as an employee of the port authority;\n\n(c) the employee is not entitled to receive any payment or other benefit by reason only by having ceased to be an employee of the port authority.\n\n(2) If, before 30 June 1996 or such later date as is specified by the Minister for the purposes of this subsection by notice published in the Government Gazette before 30 June 1996, an employee of a port authority accepts an offer of employment made by a local authority within the meaning of section 112 of the **Marine Act 1988**—\n\n(a) the employee is to be regarded as having accrued an entitlement to benefits, in connection with his or her employment by the local authority, that is equivalent to the entitlement that he or she had accrued, as an employee of the port authority, immediately before the commencement of his or her employment by the local authority;\n\n(b) the service of the employee as an employee of the local authority is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the commencement of his or her employment by the local authority, as an employee of the port authority;\n\n(c) the employee is not entitled to receive any payment or other benefit by reason only by having ceased to be an employee of the port authority.\n\nS. 118(3) inserted by No. 51/1996 s. 12.\n\n(3) The Minister may from time to time, for the purposes of subsection (1) or (2), by notice published in the Government Gazette before the then current specified date (that is, the date specified for the purposes of that subsection by the last notice published in the Government Gazette, whether under that subsection or this subsection) specify a date later than the then current specified date.\n\n","sortOrder":237},{"sectionNumber":"119","sectionType":"section","heading":"Superannuation—continuing membership","content":"\t119 Superannuation—continuing membership\n\n(1) A port corporation employee or a designated agency employee who, immediately before becoming a port corporation employee or designated agency employee, was a member of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund—\n\n(a) continues, on and after becoming a port corporation employee or designated agency employee, to be a member of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund for so long as he or she continues to be employed by a port authority, a port corporation or a designated agency or until ceasing to be a member as provided in the relevant governing instrument;\n\n(b) is not entitled to receive any payment or other benefit by reason only of having ceased to be a port authority employee because of this Act, despite any provision of the relevant governing instrument;\n\n(c) is entitled to payments and other benefits as if the relevant port authority, port corporation or designated agency had been the employer at all times since the port authority employee last became a member of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund.\n\n(2) A designated port employee who, immediately before becoming a designated port employee was a member of the Port of Geelong Authority Superannuation Fund—\n\n(a) continues, on and after becoming a designated port employee, to be a member of the Port of Geelong Authority Superannuation Fund for so long as he or she continues to be employed by a port authority or a local authority or until ceasing to be a member as provided in the relevant governing instrument;\n\n(b) is not entitled to receive any payment or other benefit by reason only of having ceased to be a port authority employee because of this Act, despite any provision of the relevant governing instrument;\n\n(c) is entitled to payments and other benefits as if the relevant port authority or local authority had been the employer at all times since the port authority employee last became a member of the Port of Geelong Authority Superannuation Fund.\n\n(3) On and after the commencement of this Part, the governing instrument of the Port of Melbourne Authority Superannuation Scheme or the Port of Geelong Authority Superannuation Fund has effect as if—\n\n(a) the reference to PMA or PGA in the definition of ***Authority*** for the purposes of the governing instrument were a reference to the relevant port authority, port corporation, designated agency or local authority;\n\n(b) the relevant governing instrument were amended to the extent necessary to give effect to subsections (1) and (2).\n\n","sortOrder":238},{"sectionNumber":"120","sectionType":"section","heading":"Superannuation—transfer to Local Authorities Superannuation Fund—designated port employees","content":"\t120 Superannuation—transfer to Local Authorities Superannuation Fund—designated port employees\n\n(1) A port authority employee who becomes a designated port employee and who, immediately before becoming a designated port employee, was a member of a current defined benefit scheme is upon becoming a designated port employee transferred to the Local Authorities Superannuation Fund.\n\n(2) Despite the transfer of a member under this section to the Local Authorities Superannuation Fund—\n\n(a) the member is entitled to receive the same benefits that he or she would have been entitled to receive had he or she not so transferred; and\n\n(b) the member is entitled to have his or her rights and obligations determined in accordance with the provisions of the governing instrument of the current defined benefit scheme.\n\n(3) For the purpose of subsection (2) the Local Authorities Superannuation Board has in respect of a member the duties and powers conferred on the trustees of the current defined benefit scheme by or under the provisions of the governing instrument of that scheme.\n\n(4) With the approval of the Minister, the trustees of each current defined benefit scheme must enter into an agreement with the Local Authorities Superannuation Board which specifies—\n\n(a) the liability of the current defined benefit scheme up to the date of transfer in respect of transferred members under this section; and\n\n(b) the value of assets of the current defined benefit scheme equal to the liability of the current defined benefit scheme under paragraph (a) that are to be transferred to the Local Authorities Superannuation Fund; and\n\n(c) the terms and conditions which apply to the transfer of those assets to the Local Authorities Superannuation Fund.\n\n(5) For the purposes of subsection (4), the liability in respect of each transferred member is to be treated as being in the same proportion as the total net assets of the current defined benefit scheme are to the total liabilities of the current defined benefit scheme.\n\n(6) If agreement cannot be reached within 3 months after the member becoming a designated port employee, the Minister may determine the matters specified in subsection (4) or which are in dispute and the trustees of the current defined benefit scheme and the Local Authorities Superannuation Board are deemed by virtue of this subsection to have entered into an agreement containing the matters determined by the Minister.\n\n(7) The trustees of the current defined benefit scheme must transfer the assets specified in the agreement to the Local Authorities Superannuation Fund.\n\n(8) As soon as the assets have been transferred, the assets form part of the Local Authorities Superannuation Fund.\n\n(9) In this section, ***current defined benefit scheme*** does not include the Local Authorities Superannuation Fund.\n\n","sortOrder":239},{"sectionNumber":"121","sectionType":"section","heading":"Superannuation—change of employment—designated port employees","content":"\t121 Superannuation—change of employment—designated port employees\n\n(1) If a person to whom section 120 applies ceases to be an employee of a local authority so as to become an employee of an Authority (within the meaning of the **Local Authorities Superannuation Act 1988**) subject to section 42 of that Act the person becomes, from the date of commencement of employment with the Authority, a contributor with a resignation benefit and an accrued retirement benefit entitlement calculated in accordance with subsection (2).\n\n(2) The resignation benefit and accrued retirement benefit entitlement to the date of becoming a contributor to the Local Authorities Superannuation Fund under this section are to be calculated in accordance with the provisions of the governing instrument of the current defined benefit scheme and certified by an actuary appointed by the Local Authorities Superannuation Board after having been translated into the corresponding benefit entitlements under Part 7 of the **Local Authorities Superannuation Act 1988**.\n\n(3) From the date of becoming a contributor under this section a person is entitled to receive benefits as a contributor to the Local Authorities Superannuation Fund.\n\n(4) The Local Authorities Superannuation Board must from the separate accounting records kept in respect of persons transferred to the Local Authorities Superannuation Fund under section 120 determine—\n\n(a) the liability up to the date of becoming a contributor in respect of a person to whom this section applies; and\n\n(b) the adjustment to be made to the value of assets shown in the accounting records equal to that liability.\n\n(5) For the purposes of subsection (4), the liability in respect of a person to whom this section applies is to be treated as being in the same proportion as the total net assets are to the total liabilities as shown in the accounting records at the date of becoming a contributor.\n\n","sortOrder":240},{"sectionNumber":"122","sectionType":"section","heading":"Superannuation—contributions—designated port employees","content":"\t122 Superannuation—contributions—designated port employees\n\n(1) The Local Authorities Superannuation Board must on the advice of an actuary appointed by the Local Authorities Superannuation Board determine—\n\n(a) the extent to which the liability specified under section 120(4)(a) is unfunded; and\n\n(b) the contribution to be paid to the Local Authorities Superannuation Fund in respect of that unfunded liability—\n\n(i) by PMA, PGA or PPA in respect of persons who transferred from the Transport Superannuation Fund;\n\n(ii) by PMA in respect of persons who transferred from the Port of Melbourne Authority Superannuation Fund;\n\n(iii) by the Treasurer from the Consolidated Fund in respect of persons who transferred from the State Superannuation Fund;\n\n(iv) by PMA, PGA or PPA in respect of persons who transferred from the State Employees Retirement Benefits Fund.\n\n(2) For the purpose of subsection (1), the liability in respect of each person who transferred is to be treated as being in the same proportion as the total net assets of the Local Authorities Superannuation Fund are to the total liabilities of the Local Authorities Superannuation Fund.\n\n(3) The contributions determined under subsection (1) must be paid to the Local Authorities Superannuation Board in such instalments and at such intervals as is agreed between the Local Authorities Superannuation Board and the relevant person, or in the absence of agreement, as is determined by the Minister.\n\n","sortOrder":241},{"sectionNumber":"123","sectionType":"section","heading":"Superannuation—private sector employment—regional port employees","content":"\t123 Superannuation—private sector employment—regional port employees\n\nS. 123(1) amended by No. 4/1996 s. 134(10)(b).\n\n(1) A regional port employee may elect during the transfer period to transfer the transfer amount to a complying superannuation fund.\n\n(2) The transfer amount and the terms and conditions that apply in respect of the transfer are to be determined by the Minister administering the **State Superannuation Act 1988**.\n\nS. 123(3) amended by No. 4/1996 s. 134(10)(b).\n\n(3) The trustees must pay out of the relevant current defined benefit scheme or the Port of Geelong Authority Superannuation Scheme the transfer amount, after deducting any tax required to be paid under the Commonwealth Income Tax Assessment Act 1936, to the relevant complying superannuation fund.\n\n(4) Subject to subsection (5), the trustees must pay into the relevant current defined benefit scheme or the Port of Geelong Authority Superannuation Scheme payments received from the purchaser for superannuation provision in respect of each relevant scheme.\n\n(5) The Treasurer may, in addition to any amount received under subsection (4), pay an amount to be determined by the Treasurer into the relevant scheme referred to in subsection (4) to meet any unfunded superannuation liability relating to regional port employees.\n\n(6) For the purposes of subsection (4), the Purchaser is deemed to be—\n\n(a) an authority under the **Local Authorities Superannuation Act 1988**;\n\n(b) an employing authority under the **State Superannuation Act 1988**;\n\n(c) a transport authority under the **Transport Superannuation Act 1988**;\n\n(d) an employer under the **State Employees Retirement Benefits Act 1979**;\n\n(e) the Authority under the Port of Melbourne Authority Superannuation Scheme.\n\n(7) If a person—\n\nS. 123(7)(a) amended by No. 4/1996 s. 134(10)(b).\n\n(a) elects not to transfer a transfer amount to a complying superannuation fund under subsection (1); or\n\n(b) fails to make an election in accordance with subsection (1)—\n\nthe person is deemed to have resigned as a regional port employee as from the date of the relevant sale for the purposes of the **Local Authorities Superannuation Act 1988**, the **State Superannuation Act 1988**, the **Transport Superannuation Act 1988**, the **State Employees Retirement Benefits Act 1979** or the governing instrument of the Port of Melbourne Authority Superannuation Scheme (as the case may be).\n\n(8) For the purposes of the **Superannuation (Portability) Act 1989**, an officer to whom subsection (7) applies is entitled by virtue of this section to elect to make an application in accordance with section 5 of that Act.\n\n","sortOrder":242},{"sectionNumber":"124","sectionType":"section","heading":"Taxes","content":"\t124 Taxes\n\nNo stamp duty or other tax is payable under any Act in respect of anything done under this Part.\n\n","sortOrder":243},{"sectionNumber":"125","sectionType":"section","heading":"Appropriation","content":"\t125 Appropriation\n\nThe Consolidated Fund is for the purposes of any payment required to be made under section 122(1)(b)(iii) or 123(5) to the necessary extent appropriated accordingly.\n\nPt 10  \n(Heading and ss 126–152) amended by No. 51/1996 s. 13, repealed by No. 63/1997  \ns. 9(3).\n\nPt 11  \n(Heading and ss 153–180) amended by No. 27/1996 s. 4(1), substituted  \nas Pt 11 (Heading and ss 153–161) by No. 63/1997 s. 8.\n\n","sortOrder":244},{"sectionNumber":"Part 11","sectionType":"part","heading":"Abolition of port authorities","content":"Part 11—Abolition of port authorities\n\nS. 153 substituted by No. 63/1997  \n\n","sortOrder":245},{"sectionNumber":"153","sectionType":"section","heading":"Definitions","content":"\t153 Definitions\n\n(1) In this Part—\n\n***port authority instrument***, in relation to a port authority, means an instrument (including a legislative instrument other than this Act and regulations under this Act and a Port Act and regulations under a Port Act) subsisting immediately before the port authority abolition date—\n\n(a) to which the port authority was a party; or\n\n(b) that was given to or in favour of the port authority; or\n\n(c) that refers to the port authority; or\n\n(i) money is, or may become, payable to or by the port authority; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the port authority—\n\nbut does not include a former port authority instrument within the meaning of Part 8.\n\n(2) The Governor in Council may, by Order published in the Government Gazette, fix the port authority abolition date for the purposes of a port authority.\n\nS. 153(3) inserted by No. 11/2024 s. 106.\n\n(3) On and from the commencement of section 8 of the **State Electricity Commission Amendment Act 2024**, a reference to the SEC in this Part is a reference to the State Electricity Commission of Victoria in existence immediately before the commencement of that section.\n\nS. 154 substituted by No. 63/1997  \n\n","sortOrder":246},{"sectionNumber":"154","sectionType":"section","heading":"Transfer of property to SEC and abolition of port authorities","content":"\t154 Transfer of property to SEC and abolition of port authorities\n\nOn the port authority abolition date—\n\n(a) all property and rights of the port authority, wherever located, vest in SEC subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(b) all liabilities of the port authority, wherever located become liabilities of SEC; and\n\n(c) SEC becomes the successor in law of the port authority; and\n\n(d) the port authority is abolished.\n\nS. 155 substituted by No. 63/1997  \n\n","sortOrder":247},{"sectionNumber":"155","sectionType":"section","heading":"Substitution of party to agreement","content":"\t155 Substitution of party to agreement\n\nWhere, under section 154, the rights and liabilities of a port authority under an agreement vest in, or become liabilities of, SEC—\n\n(a) SEC becomes, on the port authority abolition date, a party to the agreement in place of the port authority; and\n\n(b) on and after the port authority abolition date, the agreement has effect as if SEC had always been a party to the agreement.\n\nS. 156 substituted by No. 63/1997  \n\n","sortOrder":248},{"sectionNumber":"156","sectionType":"section","heading":"Port authority instruments","content":"\t156 Port authority instruments\n\nA port authority instrument continues to have effect according to its tenor on and after the port authority abolition date as if a reference in the instrument to the port authority were a reference to SEC.\n\nS. 157 substituted by No. 63/1997  \n\n","sortOrder":249},{"sectionNumber":"157","sectionType":"section","heading":"Proceedings","content":"\t157 Proceedings\n\nWhere, immediately before the port authority abolition date, proceedings (including arbitration proceedings) to which the port authority was a party were pending or existing in any court or tribunal, then, on and after the port authority abolition date, SEC is substituted for the port authority as a party to the proceedings and has the same rights in the proceedings as the port authority had.\n\nS. 158 substituted by No. 63/1997  \n\n","sortOrder":250},{"sectionNumber":"158","sectionType":"section","heading":"Interests in land","content":"\t158 Interests in land\n\nWithout prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the port authority abolition date, the port authority was the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, on and after the port authority abolition date—\n\n(a) SEC is to be taken to be the registered proprietor of that interest in land; and\n\n(b) SEC has the same rights and remedies in respect of that interest as the port authority had.\n\nS. 159 substituted by No. 63/1997  \n\n","sortOrder":251},{"sectionNumber":"159","sectionType":"section","heading":"Amendment of Register","content":"\t159 Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 159(2)(3) repealed by No. 85/1998 s. 24(Sch. item 46.3).\n\nS. 160 substituted by No. 63/1997  \n\n","sortOrder":252},{"sectionNumber":"160","sectionType":"section","heading":"Taxes","content":"\t160 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given.\n\nS. 161 substituted by No. 63/1997  \n\n","sortOrder":253},{"sectionNumber":"161","sectionType":"section","heading":"Evidence","content":"\t161 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of a port authority if this Part had not been enacted, is admissible for or against the interests of SEC.\n\nS. 161(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 43.2).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of a port authority and to entries made in those books of account before the port authority abolition date as if those books of account and entries were business records.\n\nS. 161(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 43.3).\n\nSs 162–180 repealed by No. 63/1997  \n\nPt 12  \n(Heading and ss 181–189) amended by No. 63/1997  \ns. 9(2), repealed by No. 63/1997  \ns. 8,  \nnew Pt 12 (Heading and ss 162–164) inserted by No. 23/2003 s. 15.\n\n","sortOrder":254},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional provisions—establishment of Port of Melbourne Corporation","content":"Part 12—Transitional provisions—establishment of Port of Melbourne Corporation\n\nNew s. 162 inserted by No. 23/2003 s. 15.\n\n","sortOrder":255},{"sectionNumber":"162","sectionType":"section","heading":"Definitions","content":"\t162 Definitions\n\n***commencement day*** means the day on which section 5 of the **Port Services (Port of Melbourne Reform) Act 2003** comes into operation;\n\n***old corporation*** means MPC, within the meaning of this Act, as in force immediately before the commencement day;\n\n***new corporation*** means the Port of Melbourne Corporation, within the meaning of this Act, as in force on and from the commencement day.\n\nNew s. 163 inserted by No. 23/2003 s. 15.\n\n","sortOrder":256},{"sectionNumber":"163","sectionType":"section","heading":"Transfer of property etc. from MPC to the new corporation","content":"\t163 Transfer of property etc. from MPC to the new corporation\n\n(b) all rights, property and assets that, immediately before the commencement day were vested in the old corporation, vest in the new corporation; and\n\n(c) all debts, liabilities and obligations of the old corporation existing immediately before the commencement day, become debts, liabilities and obligations of the new corporation; and\n\n(d) the new corporation is substituted as a party to any proceedings pending in any court or tribunal to which the old corporation was a party, immediately before the commencement day; and\n\n(e) the new corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old corporation and in force immediately before the commencement day; and\n\n(f) any reference to the old corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new corporation.\n\nNew s. 164 inserted by No. 23/2003 s. 15.\n\n","sortOrder":257},{"sectionNumber":"164","sectionType":"section","heading":"Staff to be transferred from the old corporation to the new corporation","content":"\t164 Staff to be transferred from the old corporation to the new corporation\n\n(1) A person who was an employee of the old corporation immediately before the commencement day is deemed to be an employee of the new corporation.\n\n(b) having the same terms and conditions as those that applied to the person in relation to his or her employment with the old corporation immediately before the commencement day; and\n\n(c) having accrued an entitlement to benefits in connection with the employment with the new corporation that is equivalent to the entitlement that the person had accrued, as an employee of the old corporation, immediately before the commencement day.\n\n(3) The service of a transferred employee with the new corporation is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an employee of the old corporation.\n\n(4) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old corporation because of the operation of this Division.\n\n(5) A certificate purporting to be signed by the chief executive officer of the new corporation certifying that the person named in the certificate was, with effect from the commencement day, employed, by virtue of this section, with the new corporation, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\n(6) The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee.\n\n(7) If a transferred employee was, immediately before the appointed day an officer within the meaning of the **State Superannuation Act 1988**, he or she continues to be such an officer.\n\n(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the commencement day; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the existing terms and conditions of his or her employment with the new corporation.\n\n(9) This section applies to the person occupying the position of chief executive officer of the Melbourne Port Corporation immediately before the commencement day, and the amendment to this Act by section 16(3) of the **Port Services (Port of Melbourne Reform) Act 2003** does not apply to that person.\n\n(10) In this section, ***transferred employee*** means an employee of the old corporation who is deemed to be an employee of the new corporation by subsection (1).\n\nPt 13  \n(Heading and ss 190–193) repealed by No. 63/1997  \ns. 8  \nnew Pt 13 (Heading and ss 165–176) inserted by No. 23/2003 s. 24.\n\n","sortOrder":258},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional provisions—transfer of certain VCA functions etc.","content":"Part 13—Transitional provisions—transfer of certain VCA functions etc.\n\nDivision 1—Definitions\n\nNew s. 165 inserted by No. 23/2003 s. 24, amended by No. 85/2003 s. 20(a).\n\n","sortOrder":259},{"sectionNumber":"165","sectionType":"section","heading":"Definitions","content":"\t165 Definitions\n\n***appointed day*** means the day on which section 20 of the **Port Services (Port of Melbourne Reform) Act 2003** comes into operation;\n\n***former VCA property*** means property, rights or liabilities of VCA that, under this Part, have vested in or become property rights or liabilities of the new corporation;\n\n***instrument*** includes a document and an oral agreement;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\nS. 165 def. of *new corporation* inserted by No. 85/2003 s. 20(b).\n\n***new corporation*** means the Port of Melbourne Corporation established under Part 10;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\n***VCA instrument*** means an instrument subsisting immediately before the relevant date—\n\n(a) to which VCA was a party; or\n\n(b) that was given in favour of VCA; or\n\n(c) that refers to VCA; or\n\n(i) money is or may become payable to or by VCA; or\n\n(ii) other property is to be or may become liable to be transferred to or by VCA.\n\nDivision 2—Allocation of property etc.\n\nNew s. 166 inserted by No. 23/2003 s. 24.\n\n","sortOrder":260},{"sectionNumber":"166","sectionType":"section","heading":"Treasurer may direct transfer of property etc.","content":"\t166 Treasurer may direct transfer of property etc.\n\n(1) The Treasurer, after consultation with the Minister, may give a direction in writing to VCA directing it to transfer, in accordance with the direction, property, rights and liabilities of a specified kind to the new corporation.\n\n(2) Within 21 days after receiving a direction under subsection (1), VCA must give to the Treasurer a statement approved by the Treasurer relating to the property, rights and liabilities of VCA to which the direction relates, as at a date specified by the Treasurer, for the purposes of this section.\n\n(3) A statement under this section—\n\n(a) must allocate the property, rights and liabilities of VCA shown in the statement in accordance with the directions of the Treasurer; and\n\n(b) must be signed by the chief executive officer of VCA.\n\nS. 166(3A) inserted by No. 85/2003 s. 21.\n\n(3A) The Treasurer, after consultation with the Minister, may at any time direct the VCA to amend a statement given to him or her under this section as specified in the direction.\n\nS. 166(3B) inserted by No. 85/2003 s. 21.\n\n(3B) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister.\n\nS. 166(3C) inserted by No. 85/2003 s. 21.\n\n(3C) An amendment under subsection (3B) to an allocation statement made after the appointed day in relation to that statement may be made with effect from the appointed day if the Treasurer and the Minister are satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the VCA or the new corporation in relation to that statement.\n\n(4) If a statement under this section is approved by the Treasurer and the Minister—\n\n(a) the Treasurer and the Minister must sign the statement; and\n\n(b) the statement is an allocation statement for the purposes of this Part.\n\nNew s. 167 inserted by No. 23/2003 s. 24.\n\n","sortOrder":261},{"sectionNumber":"167","sectionType":"section","heading":"Property transferred to the new corporation","content":"\t167 Property transferred to the new corporation\n\nOn the appointed day—\n\n(a) all property and rights of VCA that are allocated to the new corporation under the allocation statement, vest in the new corporation; and\n\n(b) all liabilities of VCA that are allocated to the new corporation under the allocation statement, become liabilities of the new corporation.\n\nNew s. 168 inserted by No. 23/2003 s. 24.\n\n","sortOrder":262},{"sectionNumber":"168","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t168 Allocation of property etc. subject to encumbrances\n\nUnless an allocation statement under this Part otherwise provides, where, under this Part property and rights vest in the new corporation or liabilities become liabilities of the new corporation—\n\n(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(b) the rights to which VCA was entitled in respect of those liabilities immediately before they ceased to be liabilities of VCA, vest in the new corporation.\n\nNew s. 169 inserted by No. 23/2003 s. 24.\n\n","sortOrder":263},{"sectionNumber":"169","sectionType":"section","heading":"Substitution of party to agreement","content":"\t169 Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of VCA under an agreement are allocated to the new corporation—\n\n(a) the new corporation becomes, on the appointed day, a party to the agreement in place of VCA; and\n\nS. 169(b) amended by No. 85/2003 s. 20(c).\n\n(b) on and after the appointed day, the agreement has effect as if the new corporation had always been a party to the agreement.\n\nNew s. 170 inserted by No. 23/2003 s. 24, amended by No. 85/2003 s. 20(c).\n\n","sortOrder":264},{"sectionNumber":"170","sectionType":"section","heading":"VCA instruments","content":"\t170 VCA instruments\n\nEach VCA instrument relating to former VCA property continues to have effect according to its tenor on and after the appointed day as if a reference in the instrument to VCA were a reference to the new corporation.\n\nNew s. 171 inserted by No. 23/2003 s. 24.\n\n","sortOrder":265},{"sectionNumber":"171","sectionType":"section","heading":"Taxes","content":"\t171 Taxes\n\nNo duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of VCA.\n\nNew s. 172 inserted by No. 23/2003 s. 24.\n\n","sortOrder":266},{"sectionNumber":"172","sectionType":"section","heading":"Validity of things done under this Part","content":"\t172 Validity of things done under this Part\n\n(1) Nothing effected by this Division or done or suffered by VCA, a Minister or the new corporation under this Division—\n\n(a) is to be regarded as placing VCA, a Minister or the new corporation in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) releases any surety or other obligor wholly or in part from any obligation.\n\n(2) The validity of any act or transaction of VCA or the new corporation must not be called in question in any proceedings on the ground that any provision of this Division had not been complied with.\n\nNew s. 173 inserted by No. 23/2003 s. 24.\n\n","sortOrder":267},{"sectionNumber":"173","sectionType":"section","heading":"Payments in respect of financial obligations of VCA","content":"\t173 Payments in respect of financial obligations of VCA\n\nIn the case of any obligations or rights of VCA under section 36D or 36E of the **Treasury Corporation of Victoria Act 1992**, that have been allocated under an allocation statement under this Division—\n\n(a) the new corporation must pay to the Treasury Corporation of Victoria such amounts, and at such times, as VCA would have been liable to pay in respect of those financial obligations, if the Order under section 36D or 36E (as the case requires) had not been made, except so far as the Treasury Corporation of Victoria and the new corporation otherwise agree; and\n\n(b) the Treasury Corporation of Victoria must pay to the new corporation those amounts, and at those times, as VCA would have been entitled to receive in respect of those financial obligations if the Order under section 36D or 36E (as the case requires) had not been made, except in so far as the Treasury Corporation of Victoria and the new corporation otherwise agree.\n\nDivision 3—Staff and other matters\n\nNew s. 174 inserted by No. 23/2003 s. 24.\n\n","sortOrder":268},{"sectionNumber":"174","sectionType":"section","heading":"List of staff to be transferred from VCA to the new corporation","content":"\t174 List of staff to be transferred from VCA to the new corporation\n\nThe chief executive officer of VCA must list, in writing, the employees of VCA, employed by VCA immediately before the appointed day, who are to be employed by the new corporation.\n\nNew s. 175 inserted by No. 23/2003 s. 24.\n\n","sortOrder":269},{"sectionNumber":"175","sectionType":"section","heading":"Terms of employment of staff transferred from VCA to the new corporation","content":"\t175 Terms of employment of staff transferred from VCA to the new corporation\n\n(1) A transferred employee is to be regarded as—\n\n(a) being employed in his or her new position with effect on and from the appointed day; and\n\n(b) having the same terms and conditions as those that applied to the person in relation to his or her employment with the VCA immediately before the appointed day; and\n\n(c) having accrued an entitlement to benefits in connection with the employment with the new corporation that is equivalent to the entitlement that the person had accrued, as an employee of VCA, immediately before the appointed day.\n\n(2) The service of a transferred employee with the new corporation is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the appointed day, as an employee of VCA.\n\n(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of VCA because of the operation of this Division.\n\n(4) A certificate purporting to be signed by the Chief Executive Officer of the new corporation certifying that the person named in the certificate was, with effect from the appointed day, employed, by virtue of this section, with the new corporation, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\n(5) The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee.\n\n(6) If a transferred employee was, immediately before the appointed day an officer within the meaning of the **State Superannuation Act 1988**, he or she continues to be such an officer.\n\n(7) Nothing in this section prevents—\n\n(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the appointed day; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the appointed day in accordance with the existing terms and conditions of his or her employment with the new corporation.\n\n(8) In this section, ***transferred employee*** means a person listed under section 174.\n\nNew s. 176 inserted by No. 23/2003 s. 24.\n\n","sortOrder":270},{"sectionNumber":"176","sectionType":"section","heading":"Price determination","content":"\t176 Price determination\n\n(1) On and from the appointed day—\n\n(a) a reference in the price determination to VCA, to the extent that that reference applies to the exercise by that body of functions or powers within the port of Melbourne, is deemed to be a reference to the Port of Melbourne Corporation; and\n\n(b) any powers, functions, rights and liabilities of VCA under the price determination, to the extent that they relate to the port of Melbourne, become powers, functions, rights and liabilities of the Port of Melbourne Corporation.\n\n(2) In this section ***price determination*** means the Price Determination for the Channels of the Ports of Melbourne and Geelong, as in force immediately before the appointed day, being the price determination—\n\n(a) that was made by the Regulator-General under section 54 (as in force before the commencement of the **Essential Services Commission Act 2001**); and\n\n(b) notice of the making of which was given in Special Government Gazette Number S99; and\n\n(c) that came into operation on 3 July 2000; and\n\n(d) that was continued in force under Part 8 of the **Essential Services Commission Act 2001**.\n\nS. 176A inserted by No. 85/2003 s. 22.\n\n","sortOrder":271},{"sectionNumber":"176A","sectionType":"section","heading":"Saving of port of Melbourne waters","content":"\t176A Saving of port of Melbourne waters\n\nAny waters that were declared to be port of Melbourne waters or any waters declared to be port waters of the port of Melbourne immediately before the commencement of section 4 of the **Port Services (Port Management Reform) Act 2003** are deemed to be port of Melbourne waters.\n\nPt 14  \n(Heading and ss 194–207) amended by No. 27/1996  \ns. 4(2), repealed by No. 63/1997  \ns. 8, new Pt 14 (Heading and ss 177–179) inserted by No. 85/2003 s. 23.\n\n","sortOrder":272},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional provisions—establishment of Port of Hastings Corporation","content":"Part 14—Transitional provisions—establishment of Port of Hastings Corporation\n\nNew s. 177 inserted by No. 85/2003 s. 23.\n\n","sortOrder":273},{"sectionNumber":"177","sectionType":"section","heading":"Definitions","content":"\t177 Definitions\n\n***commencement day*** means the day on which section 23 of the Port Services (Port Management Reform) Act 2003 comes into operation;\n\n***old corporation*** means HPHC, within the meaning of this Act, as in force immediately before the commencement day;\n\n***new corporation*** means the Port of Hastings Corporation, within the meaning of this Act, as in force on and from the commencement day;\n\n***transferred employee*** means an employee of the old corporation who is deemed to be an employee of the new corporation by section 179(1).\n\nNew s. 178 inserted by No. 85/2003 s. 23.\n\n","sortOrder":274},{"sectionNumber":"178","sectionType":"section","heading":"Transfer of property etc. from HPHC to the new corporation","content":"\t178 Transfer of property etc. from HPHC to the new corporation\n\n(b) all rights, property and assets that, immediately before the commencement day were vested in the old corporation, vest in the new corporation; and\n\n(c) all debts, liabilities and obligations of the old corporation existing immediately before the commencement day, become debts, liabilities and obligations of the new corporation; and\n\n(d) the new corporation is substituted as a party to any proceedings pending in any court or tribunal to which the old corporation was a party, immediately before the commencement day; and\n\n(e) the new corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old corporation and in force immediately before the commencement day; and\n\n(f) any reference to the old corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new corporation.\n\nNew s. 179 inserted by No. 85/2003 s. 23.\n\n","sortOrder":275},{"sectionNumber":"179","sectionType":"section","heading":"Staff to be transferred from the old corporation to the new corporation","content":"\t179 Staff to be transferred from the old corporation to the new corporation\n\n(1) A person who was an employee of the old corporation immediately before the commencement day is deemed to be an employee of the new corporation.\n\n(b) having the same terms and conditions as those that applied to the person in relation to his or her employment with the old corporation immediately before the commencement day; and\n\n(c) having accrued an entitlement to benefits in connection with the employment with the new corporation that is equivalent to the entitlement that the person had accrued, as an employee of the old corporation, immediately before the commencement day.\n\n(3) The service of a transferred employee with the new corporation is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an employee of the old corporation.\n\n(4) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old corporation because of the operation of this Part.\n\n(5) A certificate purporting to be signed by the chief executive officer of the new corporation certifying that the person named in the certificate was, with effect from the commencement day, employed, by virtue of this section, with the new corporation, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\n(6) The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee.\n\n(7) If a transferred employee was, immediately before the appointed day an officer within the meaning of the **State Superannuation Act 1988**, he or she continues to be such an officer.\n\n(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the commencement day; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the existing terms and conditions of his or her employment with the new corporation.\n\nPt 15 (Heading and ss 180–182) inserted by No. 85/2003 s. 24.\n\n","sortOrder":276},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provisions—establishment of Victorian Regional Channels Authority","content":"Part 15—Transitional provisions—establishment of Victorian Regional Channels Authority\n\nNew s. 180 inserted by No. 85/2003 s. 24.\n\n","sortOrder":277},{"sectionNumber":"180","sectionType":"section","heading":"Definitions","content":"\t180 Definitions\n\n***commencement day*** means the day on which section 24 of the **Port Services (Port Management Reform) Act 2003** comes into operation;\n\n***old corporation*** means VCA, within the meaning of this Act, as in force immediately before the commencement day;\n\n***new corporation*** means the VRCA, within the meaning of this Act, as in force on and from the commencement day;\n\n***transferred employee*** means an employee of the old corporation who is deemed to be an employee of the new corporation by section 182(1).\n\nNew s. 181 inserted by No. 85/2003 s. 24.\n\n","sortOrder":278},{"sectionNumber":"181","sectionType":"section","heading":"Transfer of property etc. from VCA to the new corporation","content":"\t181 Transfer of property etc. from VCA to the new corporation\n\n(b) all rights, property and assets that, immediately before the commencement day were vested in the old corporation, vest in the new corporation; and\n\n(c) all debts, liabilities and obligations of the old corporation existing immediately before the commencement day, become debts, liabilities and obligations of the new corporation; and\n\n(d) the new corporation is substituted as a party to any proceedings pending in any court or tribunal to which the old corporation was a party, immediately before the commencement day; and\n\n(e) the new corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old corporation and in force immediately before the commencement day; and\n\n(f) any reference to the old corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the new corporation.\n\nNew s. 182 inserted by No. 85/2003 s. 24.\n\n","sortOrder":279},{"sectionNumber":"182","sectionType":"section","heading":"Staff to be transferred from the old corporation to the new corporation","content":"\t182 Staff to be transferred from the old corporation to the new corporation\n\n(1) A person who was an employee of the old corporation immediately before the commencement day is deemed to be an employee of the new corporation.\n\n(b) having the same terms and conditions as those that applied to the person in relation to his or her employment with the old corporation immediately before the commencement day; and\n\n(c) having accrued an entitlement to benefits in connection with the employment with the new corporation that is equivalent to the entitlement that the person had accrued, as an employee of the old corporation, immediately before the commencement day.\n\n(3) The service of a transferred employee with the new corporation is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an employee of the old corporation.\n\n(4) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old corporation because of the operation of this Part.\n\n(5) A certificate purporting to be signed by the chief executive officer of the new corporation certifying that the person named in the certificate was, with effect from the commencement day, employed, by virtue of this section, with the new corporation, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\n(6) The superannuation entitlements of any person who is a transferred employee are deemed not to be affected by that person becoming a transferred employee.\n\n(7) If a transferred employee was, immediately before the appointed day an officer within the meaning of the **State Superannuation Act 1988**, he or she continues to be such an officer.\n\n(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the commencement day; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the existing terms and conditions of his or her employment with the new corporation.\n\nPt 16 (Heading and s. 183) inserted by No. 85/2003 s. 25.\n\n","sortOrder":280},{"sectionNumber":"Part 16","sectionType":"part","heading":"Other savings and transitionals","content":"Part 16—Other savings and transitionals\n\nNew s. 183 inserted by No. 85/2003 s. 25.\n\n","sortOrder":281},{"sectionNumber":"183","sectionType":"section","heading":"Savings for existing local authorities","content":"\t183 Savings for existing local authorities\n\n(1) Any lands or waters that were immediately before the date of commencement of section 11 of the **Port Services (Port Management Reform) Act 2003** declared to be a designated port under section 111 of the **Marine Act 1988** are to be deemed to be the lands and waters of a local port for the purposes of this Act.\n\n(2) Nothing in the **Port Services (Port Management Reform) Act 2003** affects the appointment or constitution of a person or body that was a local authority for lands and waters that were declared to be a designated port under section 111 of the **Marine Act 1988** immediately before the date of commencement of section 11 of the **Port Services (Port Management Reform) Act 2003** and that person or body is deemed to be the port manager of those lands and waters as a local port under this Act.\n\n(3) Any delegation made or charge fixed under Part 10 of the **Marine Act 1988** by a person or body referred to in subsection (2), immediately before the date of commencement of section 11 of the **Port Services (Port Management Reform) Act 2003**, is deemed to be a delegation made or a charge fixed (as the case requires) under the corresponding provisions of Part 2A of this Act.\n\nNew s. 184 inserted by No. 9/2004 s. 30.\n\n","sortOrder":282},{"sectionNumber":"184","sectionType":"section","heading":"Provisions of Subordinate Legislation Act 1994 not to apply to certain ports regulations","content":"\t184 Provisions of Subordinate Legislation Act 1994 not to apply to certain ports regulations\n\n(1) Part 2 of the **Subordinate Legislation Act 1994** does not apply to a statutory rule made under this Act—\n\n(a) if the statutory rule is made on or before 1 December 2004; and\n\n(b) if the Minister has, before the making of the statutory rule, certified in writing that the statutory rule is the same in substance as the Marine (Designated Ports) Regulations 2004.\n\n(2) The Minister must ensure that a copy of the certificate under subsection (1) is given to the Scrutiny of Acts and Regulations Committee as soon as practicable after the statutory rule is made.\n\n(3) A copy of the certificate under subsection (1) must be laid before each House of Parliament at the same time as the statutory rule is so laid under section 15 of the **Subordinate Legislation Act 1994**.\n\n(4) In this section—\n\n***Scrutiny of Acts and Regulations Committee*** means the Scrutiny of Acts and Regulations Committee established by the **Parliamentary Committees Act 2003**;\n\n***statutory rule*** has the same meaning as in the **Subordinate Legislation Act 1994**.\n\nS. 184A inserted by No. 54/2012 s. 11.\n\n","sortOrder":283},{"sectionNumber":"184A","sectionType":"section","heading":"Transitional provisions—2012 amendments","content":"\t184A Transitional provisions—2012 amendments\n\nDespite the commencement of Part 2 of the **Port Management Further Amendment Act 2012**, the law as in force before that commencement continues to apply to any management plan in force immediately before that commencement.\n\nPt 17 (Heading and ss 185–187) inserted by No. 110/2004 s. 61.\n\n","sortOrder":284},{"sectionNumber":"Part 17","sectionType":"part","heading":"Station Pier—savings and transitional","content":"Part 17—Station Pier—savings and transitional\n\nNew s. 185 inserted by No. 110/2004 s. 61.\n\n","sortOrder":285},{"sectionNumber":"185","sectionType":"section","heading":"Definitions","content":"\t185 Definitions\n\n***commencement day*** means the day on which Part 12 of the **Transport Legislation (Amendment) Act 2004** comes into operation;\n\n***old body*** means the Station Pier Committee of Management Incorporated appointed by Order in Council dated 15 May 2001 and published in the Government Gazette on 17 May 2001 at page 959.\n\nNew s. 186 inserted by No. 110/2004 s. 61.\n\n","sortOrder":286},{"sectionNumber":"186","sectionType":"section","heading":"Savings and transitional provisions for Station Pier","content":"\t186 Savings and transitional provisions for Station Pier\n\n(1) On the commencement day—\n\n(a) the reservation of the land described in Schedule 2 is revoked; and\n\n(b) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** that applied to the land described in Schedule 2 immediately before the commencement day are revoked, in so far as they apply to that land.\n\n(2) This section does not affect the status or continuity of any lease or licence issued and any agreement or arrangement entered into under the **Crown Land (Reserves) Act 1978** that applied to that land immediately before the commencement day.\n\n(3) Each of the deeds or agreements or purported deeds or agreements described in Schedule 3, purportedly entered into by the old body—\n\n(a) is deemed to be and to always have been validly entered into by the old body; and\n\n(b) is deemed to continue in force on and from the commencement day, subject to its terms and conditions; and\n\n(c) is deemed to have effect on and from the commencement day as if the Port of Melbourne Corporation were substituted for the old body as a party to the deed or agreement (as the case requires); and\n\n(d) anything done or purported to have been done under each purported deed or agreement before the commencement day, that would have been validly done if the old body had had the powers conferred on the Port of Melbourne Corporation in relation to Station Pier land by Part 12 of the **Transport Legislation (Amendment) Act 2004** at the time at which the thing was done, has and is deemed always to have had, the same force and effect as it would have had if the old body had had those powers at the time at which the thing was done or purported to have been done.\n\nNew s. 187 inserted by No. 110/2004 s. 61.\n\n","sortOrder":287},{"sectionNumber":"187","sectionType":"section","heading":"Transfer of property etc. from old body to Port of Melbourne Corporation","content":"\t187 Transfer of property etc. from old body to Port of Melbourne Corporation\n\n(a) the old body is abolished; and\n\n(b) all rights, property and assets that, immediately before the commencement day were vested in the old body, vest in the Port of Melbourne Corporation; and\n\n(c) all debts, liabilities and obligations of the old body existing immediately before the commencement day become debts, liabilities and obligations of the Port of Melbourne Corporation; and\n\n(d) the Port of Melbourne Corporation is substituted as a party in any proceedings pending in any court or tribunal to which the old body was a party, immediately before the commencement day; and\n\n(e) the Port of Melbourne Corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old body and in force immediately before the commencement day; and\n\n(f) any reference to the old body in any Act or in any proclamation, Order in Council, rule, regulations, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the Port of Melbourne Corporation.\n\nPt 18 (Heading and ss 188, 189) inserted by No. 19/2022 s. 67.\n\n","sortOrder":288},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional provisions—Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022","content":"Part 18—Transitional provisions—Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022\n\nS. 188 inserted by No. 19/2022 s. 67.\n\n","sortOrder":289},{"sectionNumber":"188","sectionType":"section","heading":"Registered pilotage services providers taken to be issued pilotage services licence","content":"\t188 Registered pilotage services providers taken to be issued pilotage services licence\n\n(1) On the commencement of section 33 of the **Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022**, a pilotage services provider is taken to have been issued a pilotage services licence under Part 4B.\n\n(2) In this section—\n\n***pilotage services provider*** has the same meaning as in section 3(1) of the **Marine Safety Act 2010**.\n\nS. 189 inserted by No. 19/2022 s. 67, repealed by No. 82/1995 s. 189(6).\n\nSch. 1 amended by Nos 63/1997 s. 5(2), 43/1998 s. 47, 46/1998 s. 7(Sch. 1), 23/2003 s. 16, 85/2003 s. 26, 108/2004 s. 117(1)  \n(Sch. 3 item 159), 80/2006 s. 26(Sch. item 85), repealed by No. 45/2010 s. 41.\n\nSch. 2 inserted by No. 110/2004 s. 62(Sch).\n\n","sortOrder":290},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\n\n| Situation and area of land | Crown Allotment 18, Section 12, City of Port Melbourne, Parish of Melbourne South, 6·867 hectares |\n| Instrument and date of reservation | Order in Council dated 8 May 2001 |\n| Description of land by reference to Government Gazette | Government Gazette dated 10 May 2001, page 892 |\n| Purpose of reservation | Public purposes |\n| Extent of reservation | All of the land |\n\nSch. 3 inserted by No. 110/2004 s. 62(Sch).\n\n","sortOrder":291},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Table","content":"Schedule 3—Table\n\n| *Parties* | *Location* | *Description of purported deed or agreement* |\n| Station Pier Committee of Management Incorporated<br>TT-Line Company Pty Ltd (ACN 061 996 174) | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Lease of land dated 20 May 2003 |\n| Station Pier Committee of Management Incorporated<br>TT-Line Company Pty Ltd (ACN 061 996 174) | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Variation of berthing licence dated 20 May 2003 |\n| Station Pier Committee of Management Incorporated<br>TT-Line Company Pty Ltd (ACN 061 996 174) | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Variation of car parking licence dated 20 May 2003 |\n| Station Pier Committee of Management Incorporated<br>Heavenly Pier Pty Ltd (ACN 095 763 330) | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Lease dated 24 December 2004 |\n| Station Pier Committee of Management Incorporated<br>Delicarts Australia | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Renewal of licence to occupy land dated 14 February 2002 |\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 5 October 1995*\n\n*Legislative Council: 31 October 1995*\n\nThe long title for the Bill for this Act was \"A Bill to make further provision relating to ports, to amend the **Port of Melbourne Authority Act 1958**, the **Port of Geelong Authority Act 1958**, the **Port of Portland Authority Act 1958**, the **Marine Act 1988** and certain other Acts and for other purposes.\".\n\nThe **Port Services Act 1995** was assented to on 28 November 1995 and came into operation as follows:\n\nPart 1 (sections 1–9), section 189(7)(8) on 28 November 1995: section 2(1); sections 93, 96, 97, 99, 101–103, 105–125, 126(1)(3), 127–134, 135(2)(3)(16)(18)–(20), 136(2), 137–143, 144(7)(12)(14)(15), 145(2),  \n146–151, 152(14)(16)(17), 153(1), 169, 194–207, Schedule 1 on 14 December 1995: Government Gazette 14 December 1995 page 3488—see **Interpretation of Legislation Act 1984**; sections 18–63, 68–73, 75, 78–82, 94, 95, 104, 152(9), 155–165, 170–180 on 1 January 1996: Government Gazette 14 December 1995 page 3488; sections 10–13, 17 on 1 February 1996 Government Gazette 18 January 1996 page 93; sections 166–168 on 6 February 1996: Special Gazette (No. 6) 6 February 1996 page 1; sections 14–16, 64–67, 74, 76, 77, 83–92, 98, 100, 126(2), 135(1)(4)(6)(8)(10)(11)(14)(15), 144(2)(9)(11), 153(2), 154, 181–188, 189(1)–(6), 190–193 on 1 March 1996: Special Gazette (No. 14) 27 February 1996 page 1; sections 136(1), 144(1)(4)(6)(10) on 1 July 1996: Special Gazette (No. 58) 28 May 1996 page 1; sections 145(1), 152(1)(4)–(7)  \n(10)–(13) on 26 June 1996: Special Gazette (No. 71) 25 June 1996 page 1; sections 135(9)(12)(13), 144(8), 152(8) on 19 June 1997: Government Gazette 19 June 1997 page 1385;\n\nSections 126(4), 135(5)(7)(17), 136(3), 144(3)(5)(13), 145(3), 152(2)(3)(15) never proclaimed, repealed by section 9(3) of No. 63/1997.\n\nThe title of this Act was changed from the **Port Services Act 1995** to the **Port Management Act 1995** by section 24 of the **Transport Legislation Amendment (Ports Integration) Act 2010**, No. 45/2010.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Port Management Act 1995** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Port Management Act 1995, No. 82/1995**\n\n| Assent Date: | 28.11.95 |\n| Commencement Date: | S. 189(6) inserted on 1.7.22 by No. 19/2022 s. 67: General Gazette 23.6.22 p. 2737 |\n| Note: | S. 189(6) repealed s. 189 on 1.7.24 |\n\n**Melbourne City Link Act 1995, No. 107/1995**\n\n| Assent Date: | 12.12.95 |\n| Commencement Date: | S. 127 on 14.12.95: Special Gazette (No. 120) 14.12.95 p. 3 |\n\n**Superannuation Acts (Amendment) Act 1996, No. 4/1996**\n\n| Assent Date: | 18.6.96 |\n| Commencement Date: | S. 134(10) on 18.6.96: s. 2(1) |\n\n**Statute Law Revision (Marine) Act 1996, No. 27/1996**\n\n| Assent Date: | 24.9.96 |\n| Commencement Date: | S. 3 on 16.11.95: s. 2(2); ss 4(2), 5 on 14.12.95: s. 2(3); s. 4(1) on 1.3.96: s. 2(4); rest of Act on 24.9.96: s. 2(1) |\n\n**Port Services and Marine (Amendment) Act 1996, No. 51/1996**\n\n| Assent Date: | 26.11.96 |\n| Commencement Date: | S. 13 on 14.12.95: s. 2(2); rest of Act on 26.11.96: s. 2(1) |\n\n**Port Services (Amendment) Act 1997, No. 63/1997**\n\n| Assent Date: | 5.11.97 |\n| Commencement Date: | S. 9(2) on 28.11.95: s. 2(2); ss 6(1)(2), 7, 8 on 9.12.97; ss 3–5, 9(3) on 10.12.97: Government Gazette 4.12.97 p. 3290; s. 6(3)(4) on 1.7.99: s. 2(4) |\n\n**Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 47 on 26.5.98: s. 2(1) |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 46) on 1.1.99: s. 2(3) |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 57) on 1.6.01: s. 2(2) |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 92) on 15.7.01: s. 2 |\n\n**Essential Services Commission Act 2001, No. 62/2001**\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | Ss 86–88 on 1.1.02: s. 2 |\n\n**Marine (Further Amendment) Act 2001, No. 77/2001**\n\n| Assent Date: | 27.11.01 |\n| Commencement Date: | S. 32(4) on 7.2.02: s. 2(2) |\n\n**Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003**\n\n| Assent Date: | 13.5.03 |\n| Commencement Date: | Ss 3–17, 24, Sch. on 1.7.03: s. 2(1); ss 18–23 on 3.11.03: Government Gazette 30.10.03 p. 2744 |\n\n**Port Services (Port Management Reform) Act 2003, No. 85/2003**\n\n| Assent Date: | 11.11.03 |\n| Commencement Date: | Ss 3, 4, 7, 8, 12–17, 20–22 on 12.11.03: s. 2(1); ss 5(2)(3), 9, 23, 26(1), 29 on 1.1.04: Government Gazette 18.12.03 p. 3208; ss 10, 24, 26(2), 30 on 1.4.04: Government Gazette 1.4.04 p. 714; ss 5(1), 6, 11, 18, 19, 25, 27, 28 on 1.7.04: s. 2(3) |\n\n**Marine (Amendment) Act 2004, No. 9/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 30 on 12.5.04: s. 2(1); ss 26–29 on 1.7.04: Government Gazette 1.7.04 p. 1843 |\n\n**Essential Services Commission (Amendment) Act 2004, No. 75/2004**\n\n| Assent Date: | 9.11.04 |\n| Commencement Date: | Ss 68–75 on 10.11.04: s. 2 |\n\n**Occupational Health and Safety Act 2004, No. 107/2004**\n\n| Commencement Date: | S. 184 on 1.7.05: s. 3(1) |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Commencement Date: | S. 117(1)(Sch. 3 item 159) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Transport Legislation (Amendment) Act 2004, No. 110/2004**\n\n| Commencement Date: | Ss 58–62(Sch.) on 1.2.05: Government Gazette 20.1.05 p. 94 |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 85) on 11.10.06: s. 2(1) |\n\n**Port Services Amendment Act 2007, No. 63/2007**\n\n| Assent Date: | 4.12.07 |\n| Commencement Date: | Ss 3–18(Sch.) on 1.1.08: Government Gazette 20.12.07 p. 3118 |\n\n**Relationships Act 2008, No. 12/2008**\n\n| Assent Date: | 15.4.08 |\n| Commencement Date: | S. 73(1)(Sch. 1 item 48) on 1.12.08: s. 2(2) |\n\n**Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009**\n\n| Assent Date: | 12.5.09 |\n| Commencement Date: | Ss 6–9 on 13.5.09: s. 2(1) |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 1 item 43) on 1.1.10: s. 2(2) |\n\n**Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | S. 11 on 31.3.10: Special Gazette (No. 110) 30.3.10 p. 1; ss 10, 12–14 on 1.11.10: Government Gazette 21.10.10 p. 2531 |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | Ss 24(5)(Sch. 1 item 10), 203(1)(Sch. 6 item 36) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010**\n\n| Assent Date: | 17.8.10 |\n| Commencement Date: | Ss 24–41 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 |\n\n**Marine Safety Act 2010, No. 65/2010** (as amended by No. 78/2011)\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | Ss 418, 419 on 1.7.12: s. 2(2) |\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 35 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n\n**Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011**\n\n| Assent Date: | 23.8.11 |\n| Commencement Date: | Ss 22–34 on 1.1.12: s. 2(2) |\n\n**Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011**\n\n| Assent Date: | 13.12.11 |\n| Commencement Date: | Ss 50–53 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4 |\n\n**Port Management Amendment (Port of Melbourne Corporation Licence Fee) Act 2012, No. 8/2012**\n\n| Assent Date: | 6.3.12 |\n| Commencement Date: | Ss 4, 5 on 1.7.12: s. 2(2) |\n\n**Australian Consumer Law and Fair Trading Act 2012, No. 21/2012**\n\n| Assent Date: | 8.5.12 |\n| Commencement Date: | S. 239(Sch. 6 item 35) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 |\n\n**Port Management Further Amendment Act 2012, No. 54/2012**\n\n| Assent Date: | 18.9.12 |\n| Commencement Date: | Ss 4–17 on 14.11.12: Special Gazette (No. 373) 7.11.12 p. 1 |\n\n**Transport Legislation Amendment (Marine Drug and Alcohol Standards Modernisation and Other Matters) Act 2012, No. 66/2012**\n\n| Assent Date: | 7.11.12 |\n| Commencement Date: | S. 28 on 1.12.12: Special Gazette (No. 373) 7.11.12 p. 1 |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 4(Sch. 2 item 38) on 1.12.13: s. 2(1) |\n\n**Emergency Management Act 2013, No. 73/2013**\n\n| Assent Date: | 3.12.13 |\n| Commencement Date: | S. 99 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 128) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014**\n\n| Assent Date: | 27.6.14 |\n| Commencement Date: | S. 33(Sch. item 21) on 30.6.14: s. 2(5) |\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| *Assent Date:* | 12.8.14 |\n| *Commencement Date:* | S. 9(Sch. 2 item 14) on 1.3.15: s. 2(2) |\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| *Assent Date:* | 16.6.15 |\n| *Commencement Date:* | S. 3(Sch. 1 item 39) on 1.8.15: s. 2(1) |\n\n**Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016**\n\n| *Assent Date:* | 22.3.16 |\n| *Commencement Date:* | Ss 94(1)(b)(2), 95–98, 103–122, 131–153, 155–157 on 7.6.16: Special Gazette (No. 177) 7.6.16 p. 1; ss 94(1)(a), 99–102, 123–130, 154 on 1.7.16: Special Gazette (No. 177) 7.6.16 p. 1; s. 179(Sch. 1 item 7) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1 |\n\n**Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017**\n\n| Assent Date: | 14.2.17 |\n| Commencement Date: | S. 50(Sch. 1 item 5) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1 |\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| Assent Date: | 24.10.17 |\n| Commencement Date: | S. 89 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n\n**Ports and Marine Legislation Amendment Act 2017, No. 55/2017**\n\n| *Assent Date:* | 8.11.17 |\n| *Commencement Date:* | Ss 43−51 on 31.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n\n**Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017**\n\n| *Assent Date:* | 19.12.17 |\n| *Commencement Date:* | S. 124 on 20.12.17: s. 2(2) |\n\n**Parks Victoria Act 2018, No. 19/2018**\n\n| Assent Date: | 5.6.18 |\n| Commencement Date: | S. 248 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 |\n\n**Marine and Coastal Act 2018, No. 26/2018**\n\n| Assent Date: | 26.6.18 |\n| Commencement Date: | S. 97 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 |\n\n**Environment Protection Amendment Act 2018, No. 39/2018** (as amended by No. 11/2020)\n\n| Assent Date: | 28.8.18 |\n| Commencement Date: | S. 51 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 |\n\n**Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019**\n\n| Assent Date: | 20.8.19 |\n| Commencement Date: | S. 28 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1 |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | S. 186(Sch. 4 item 34) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n\n**Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021**\n\n| Assent Date: | 19.10.21 |\n| Commencement Date: | Ss 135–138 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 |\n\n**Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022**\n\n| Assent Date: | 24.5.22 |\n| Commencement Date: | Ss 34–58, 61, 67 on 1.7.22: Government Gazette 23.6.22 p. 2737; ss 32, 33, 59, 60, 62–66 on 1.3.23: s. 2(3) |\n\n**Transport Legislation Amendment Act 2023, No. 34/2023**\n\n| Assent Date: | 21.11.23 |\n| Commencement Date: | S. 127(Sch. 1 item 9) on 22.11.23: s. 2(1) |\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| Commencement Date: | Ss 104–106 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 |\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | Ss 25–28, 38, 39, 47, 106(Sch. 1 item 33) on 6.8.25: s. 2(1); ss 23, 24, 29–37, 40–42 on 3.12.25: Special Gazette (No. 672) 2.12.25 p. 1 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 62(5) (*repealed*): The amendment proposed by section 239(Schedule 6 item 35) of the **Australian Consumer Law and Fair Trading Act 2012**, No. 21/2012 is not included in this publication due to the earlier repeal of section 62 by section 52 of the **Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011**, No. 78/2011.\n\n","sortOrder":292},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"item 35 read as follows:","content":"  Schedule 6 item 35 read as follows:\n\n","sortOrder":293},{"sectionNumber":"35","sectionType":"section","heading":"Port Management Act 1995","content":"  35 Port Management Act 1995\n\n  35.1 In section 62(5), for \"Trade Practices Act 1974\" **substitute** \"Competition and Consumer Act 2010\". [↑](#endnote-ref-1)\n\n2. S. 73ZC: The amendment proposed by section 127(Schedule 1 item 9.5(a)) of the **Transport Legislation Amendment Act 2023**, No. 34/2023 is not included in this publication because there is no definition of ***pilotage service standards*** in section 73ZC.\n\n","sortOrder":294},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"item 9.5(a) read as follows:","content":"  Schedule 1 item 9.5(a) read as follows:\n\n  9 Port Management Act 1995\n\n  9.5 In section 73ZC—\n\n  (a) in the definition of ***pilotage service standards***, for \"section 73ZK;\" **substitute** \"section 73ZK.\"; [↑](#endnote-ref-2)","sortOrder":295}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The change in title from 'Port Services Act 1995' to 'Port Management Act 1995' strongly indicates a change in scope. The original title suggests a focus on the delivery and regulation of services at ports (e.g., stevedoring, pilotage). The current title implies a broader or reoriented focus on governance and administrative management of port authorities and infrastructure — consistent with Victoria's privatisation and corporatisation of port operations over the years following 1995."},"complexity_factors":["Limited detail provided in the source text — only metadata and version history visible, making full analysis difficult","The Act has undergone multiple amendments over its ~30-year history, which typically adds interpretive complexity","Port regulation involves intersection of state law, Commonwealth maritime law, and commercial/contract law","Renaming from 'Port Services Act' to 'Port Management Act' suggests substantive structural changes that may create ambiguity about scope","Port management legislation typically involves technical regulatory provisions around licensing, liability, and infrastructure that require specialist knowledge"],"plain_english_summary":"## Port Management Act 1995 (Victoria)\n\n**What is this?**\nThis is a Victorian law that governs how ports are managed and operated. Originally called the *Port Services Act 1995*, it was renamed the *Port Management Act 1995*, reflecting a shift in focus toward how ports are administered rather than just the services they provide.\n\n**Who does it affect?**\n- Port operators and authorities managing Victorian ports\n- Shipping companies and vessel operators using Victorian ports\n- Businesses and industries that rely on ports for importing and exporting goods\n- Potentially consumers, since ports are critical to supply chains\n\n**Why does it matter?**\nPorts are vital economic infrastructure. This Act sets the legal framework for how they are run — covering things like who is responsible for port management, what rules apply to operating within ports, and how port services are regulated. The change in title from 'Port Services' to 'Port Management' suggests the law evolved to place greater emphasis on governance and administrative oversight of port operations.\n\n**What should I know?**\n- This Act is still **in force** (currently active law)\n- It has been amended over time (multiple versions exist)\n- It originally came into effect in 1995 as Act number 82 of that year\n- If you work in shipping, logistics, or port operations in Victoria, this law is directly relevant to your activities"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has substantially expanded from a statutory framework to establish and manage ports into a comprehensive regulatory and revenue‑raising architecture. Original elements (establishment and management of ports, harbour masters, transfer of property and staff) remain (see s.1). Since enactment, the statute now also incorporates: (a) a formal ESC price‑regulation architecture including Pricing Orders and protected provisions (Part 3 Div.2, ss 49A–49H); (b) competitively‑neutral pricing obligations and a detailed accrual building block methodology for State‑sponsored ports (ss 49R–49S, 49V–49ZB); (c) a specific, high‑value port licence fee regime with an upfront payment option determined by the Treasurer (Part 2B, ss 44H–44N); (d) separate licensing schemes for towage and pilotage with detailed standards, disciplinary and review procedures (Parts 4A and 4B); and (e) stronger operational powers for Ports Victoria and the port of Melbourne operator (restricted areas, port operator directions, information directions, ss 83–88H, 88X–88ZO). These additions have broadened the Act from governance and safety to intensive economic regulation, public revenue mechanisms, and multi‑agency enforcement, increasing its scope well beyond the narrower original purpose listed in s.1."},"complexity_factors":["Very long Act: multiple Parts (at least 18 Parts) and many Divisions and Subdivisions spanning operational, economic and transitional topics.","Extensive definitions section (s.3) with dozens of defined terms that interact across Parts (e.g. port of Melbourne operator, Ports Victoria, prescribed services, Pricing Order, protected provision).","Multiple, overlapping licensing regimes: port licences (Part 3 Div.5 ss 63A–63L), towage licences (Part 4A ss 73A–73ZB), pilotage licences (Part 4B ss 73ZC–73ZQ) with separate application, review and disciplinary processes.","Complex pricing/regulatory framework in Part 3 featuring: Pricing Orders (ss 49A–49H), monitoring and enforcement (ss 49I–49N), transitional enforcement (ss 49O–49P), complaints (s.49Q), and a separate competitively‑neutral pricing regime (ss 49R–49ZH).","Protected provisions and conditional logic: provisions that are immutable except with provider agreement (s.49H) and rules that change depending on whether a Pricing Order is in effect (s.47, s.54(3A)).","Extensive cross‑references to at least 10 major external Acts (Essential Services Commission Act 2001, Marine Safety Act 2010, Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, Environment Protection Act 2017, Transport Integration Act 2010, Filming Approval Act 2014, Treasury Corporation of Victoria Act 1992 and others), increasing interpretive complexity.","Layered enforcement routes involving administrative (ESC, Ministers), civil (Supreme Court injunctions and compensation orders s.49P, s.49ZB), and regulatory penalties (s.56, s.63A, s.73J, s.88O) with different thresholds and processes.","Heavy transitional and transfer sections (Parts 8–16, various schedules) that reassign property, staff and legal instruments — these add conditional, time‑dependent obligations.","Wide executive discretion: frequent use of Orders in Council, Ministerial directions, and Governor in Council instruments to create, modify or revoke core operational and pricing rules (e.g. ss 5, 6, 49A, 74AB, 49ZC)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes how ports in Victoria are created, managed and regulated (see s.1, s.5–6). It distinguishes \"commercial trading ports\" (major ports) and \"local ports\" and sets out who runs them (port managers, Ports Victoria, the port of Melbourne operator) (s.1(ab), s.3(1) definitions, s.44A).\n\n- Gives Ministers, the Governor in Council and port bodies powers to declare port land and waters, to name and reclassify ports, and to make Orders about ports (s.5–6).\n\n- Sets up economic regulation for a defined set of \"prescribed services\" (mainly channels, berths, short‑term storage and access to port infrastructure) through: (a) Pricing Orders made by the Governor in Council on recommendation of the ESC Minister (s.49A–49H); (b) monitoring and enforcement by the Essential Services Commission (ESC) and the ESC Minister (Divisions 2A–2C); and (c) a fallback general determination power for the ESC (s.54).\n\n- Imposes a port licence regime for providers of prescribed services (licences required, conditions, transfers, revocation) and allows the Minister to exempt public entities (ss 63A–63L).\n\n- Creates a dedicated port licence fee payable by the port licence holder (Part 2B: ss 44H–44N). The Treasurer may accept an upfront licence fee (s.44HA) and annual fees are set by a CPI formula (s.44J).\n\n- Requires providers of prescribed services to keep separate financial and business records and gives the ESC strong information, inspection and enforcement powers (ss 56–57).\n\n- Imposes competitive‑neutrality obligations on \"State sponsored ports\" (defined in s.49T) so they must not price certain container‑related services below a competitively neutral price (s.49V–49ZD) and gives the ESC power to investigate and fix minimum prices (s.49Y–49ZB).\n\n- Introduces licensing and standards for towage services (Part 4A, ss 73A–73ZB) and for pilotage services in pilot‑required waters (Part 4B, ss 73ZC–73ZQ): Ports Victoria issues determinations and licences, sets minimum vessel/capability standards, and runs review and disciplinary processes.\n\n- Sets who may charge wharfage and channel fees, who is liable to pay them (owners, cargo owners, agents) and enforcement mechanics (Part 5: ss 74–82, 78–81).\n\n- Gives ports powers to restrict public access to specified port areas (Part 5A: ss 83–88H), to manage hazardous or polluting activities (Part 5B: ss 88I–88W) and to deal with unattended/abandoned things (ss 88AP–88W).\n\n- For the Port of Melbourne, creates a regime allowing the port operator to give and enforce \"port operator directions\" on leased port land, to require information, appoint authorised officers and recover costs (Part 5C: ss 88X–88ZO).\n\n- Requires port safety and environment management plans, audits and reporting and gives the Minister power to issue guidelines and directions (Part 6A: ss 91A–91I).\n\n- Requires 5‑year Port Development Strategies and a Rail Access Strategy for the port of Melbourne, with consultation and possible Ministerial directions (Parts 6B, 6C: ss 91J–91V).\n\n- Contains extensive transitional and transfer provisions (Parts 8–18) for moving property, staff and instruments between legacy port authorities, new corporations, Ports Victoria and the State (eg ss 100–114, Parts 12–16).\n\nWho it affects\n\n- Port operators and port managers (Ports Victoria, port of Melbourne operator, Port of Hastings Development Authority, other declared port authorities) — they receive powers and obligations (multiple Parts). See s.3 definitions; Parts 2, 4A, 4B, 5C.\n\n- Providers of port services (towage, pilotage, channel provision, berth and short‑term storage providers) — licensing, standards, price regulation and reporting obligations (Part 3 Divs 2–3, Part 4A, Part 4B).\n\n- Cargo owners, vessel owners and shipping agents — liable for wharfage and channel fees and subject to information directions and charges (Part 5; s.78; s.88ZI).\n\n- Tenants, licensees and users of port land and infrastructure — subject to port operator directions, fees, management plans, and potential restricted access areas (Parts 5C, 5A, 6A).\n\n- State and local government entities — Ministers, Treasurer, Governor in Council, ESC and Ports Victoria are given decisionmaking, approval and enforcement roles throughout the Act (eg ss 5, 49A, 44HA, 56, 63E, 91H).\n\nWhy it matters (claimed purposes and practical trade‑offs)\n\n- The Act claims to balance safety, environmental management and economic regulation: it provides infrastructure governance and pricing rules (see s.1 and the objectives in s.48). The intended mechanism is to protect users and consumers by supervising prices and service quality while letting port managers operate ports commercially.\n\n- Costs and compliance burdens: the law imposes ongoing reporting, record‑keeping (s.56), audits (s.91E–91FA), licensing fees and charges (Parts 2B, 5), and potential large penalties for non‑compliance (see ss 56, 63A, 73J, 88O). Private providers and cargo owners therefore face direct costs (fees, administrative effort) and indirect costs (limits on pricing flexibility).\n\n- Decision concentration and administrative discretion: many important powers rest with Ministers, the Governor in Council, Ports Victoria and the ESC (for example, making Pricing Orders s.49A; declaring port land s.5; approving wharfage/channel fees s.74AB). That structure creates discretion in how, and how quickly, rules are made and changed. Examples: (a) protected provisions in a Pricing Order cannot be altered except with the provider's agreement (s.49H); (b) the Treasurer may demand an upfront licence fee (s.44HA).\n\n- Incentives and market effects: the competitive neutrality rules (s.49V–49ZB) aim to stop subsidised state‑backed ports from undercutting competitors. That reduces incentives for below‑cost pricing by state‑sponsored ports but requires complex cost‑allocation methodologies (accrual building block, s.49S). Pricing Orders and protected provisions can lock in initial asset valuations and depreciation treatments which materially affect returns and incentives for investment (s.49A(3)(d),(e),(l)).\n\n- Concentrated benefits, diffuse costs, and capture risks: protected provisions (s.49H) and the ability for the Treasurer/Minister or Governor in Council to set fees/orders (s.49A, s.5, s.44HA) can produce large, concentrated transfers (eg negotiated asset treatments, upfront payments to Treasury) while the compliance costs are spread across many users. Where key terms are set by executive instruments, there is a risk that bespoke arrangements favour particular leaseholders or operators unless transparency and ESC oversight are strong (see monitoring Div.2A ss 49I–49N).\n\n- Enforcement and litigation: the ESC and courts have enforcement routes (s.49N, s.49P, s.49ZB). That creates litigation and compliance costs but also delivers enforceability of price and competitive‑neutrality rules.\n\n- Implementation complexity and cross‑agency coordination: the Act cross‑references many other laws (notably the Essential Services Commission Act 2001, Marine Safety Act 2010, Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 and Environment Protection Act 2017). That multiplies governance and coordination tasks (see ss 45, 3(1) definitions and numerous cross‑references throughout the Act).\n\nBottom line — who pays, who decides, and what changes behaviour\n\n- Who pays: port licence holder(s) (Part 2B), cargo owners and vessel owners (Part 5), users subject to port manager charges (s.44D), and entities that must comply with management plans and directions who may face enforcement costs.\n\n- Who decides: Ministers and the Governor in Council (major declaratory and fee powers), the Treasurer (upfront fee, s.44HA), Ports Victoria and port managers (operational powers, service determinations, licences), the ESC and ESC Minister (price monitoring, inquiries and recommendation powers), and the courts (enforcement and remedies).\n\n- Behavioural effects: tighter licensing and monitoring constrains who can provide core services; published price and record‑keeping requirements increase transparency but add compliance costs; competitive‑neutrality rules change pricing incentives for state‑backed ports; port operator directions and restricted access powers change how users interact with leased port land.\n\nKey provisions to consult for detail: s.1 (purpose), s.3 (definitions), Part 2B (ss 44H–44N) port licence fee, Part 3 (ss 45–56 and especially s.49 and ss 49A–49H Pricing Order regime), Part 4A (towage licensing ss 73A–73ZB), Part 4B (pilotage licensing ss 73ZC–73ZQ), Part 5 (fees ss 74–82), Part 5A (restricted access ss 83–88H), Part 5C (port operator directions ss 88X–88ZO), and Part 6A (management plans ss 91C–91H)."},"kimi_summary":{"_metrics":{"completionTokens":732},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1995 scope. Originally focused on establishing port corporations and basic economic regulation, it now includes: competitive neutrality pricing for state-sponsored ports (2016), detailed towage and pilotage licensing schemes (2022), port licence fees with upfront payment options (2016), Rail Access Strategy requirements (2016), extensive safety and environmental management planning (2003, 2012), restricted access area powers (2007), and complex information-gathering powers for the port of Melbourne operator. The 2016 amendments in particular added substantial new regulatory layers following the Port of Melbourne lease transaction."},"complexity_factors":["Extensive cross-referencing to other Acts (Transport Integration Act 2010, Marine Safety Act 2010, Essential Services Commission Act 2001, etc.)","Multiple overlapping regulatory regimes: Pricing Orders, competitive neutrality pricing, general economic regulation powers, and port licences","Nested conditional logic in Part 3 (Divisions 2, 2A, 2B, 2C, 2D) with complex triggers for when different regulatory regimes apply","47+ defined terms in section 3 alone, many with their own sub-definitions","Multiple transitional provisions across 18 different Parts dealing with historical corporate restructures","Protected provisions in Pricing Orders that cannot be amended without agreement","Complex fee calculation methodology in section 44J with CPI-based formula","Multiple enforcement mechanisms: show cause notices, undertakings, Supreme Court injunctions, VCAT review"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's main law governing how commercial ports and local ports are established, managed, and operated. It covers the Port of Melbourne, Port of Geelong, Port of Portland, Port of Hastings, and other declared ports.\n\n**Key things it does:**\n\n- **Establishes port structures**: Creates different types of ports (commercial trading ports vs local ports) and appoints port managers to run them\n- **Economic regulation**: Controls pricing for certain port services (like channel access, berths, and cargo handling) through the Essential Services Commission, with special rules to prevent unfair competition\n- **Licensing system**: Requires licences for providing prescribed port services, with fees payable to the government\n- **Safety and environment**: Requires port managers to prepare safety and environmental management plans, subject to audits\n- **Fees and charges**: Allows wharfage fees (for using port facilities) and channel fees (for using shipping channels), with rules about who pays and when\n- **Powers over land and water**: Lets authorities restrict access to areas, remove abandoned vessels or goods, clean up pollution, and give directions for safety and security\n- **Licensing of services**: Regulates towage (tugboat) services and pilotage (navigation assistance) services through a licensing system\n\n**Who it affects:**\n\n- Shipping companies and vessel operators using Victorian ports\n- Port operators and managers\n- Stevedores and cargo handlers\n- Businesses leasing port land\n- Local port committees managing smaller ports\n- Anyone providing towage or pilotage services\n\n**Why it matters:**\n\nThis law ensures ports operate safely, efficiently, and competitively. It protects port users from excessive charges while making sure port operators can recover their costs. It also ensures environmental protection and proper planning for future port development."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/port-management-act-1995","history":"/api/acts/port-management-act-1995/history","analysis":"/api/acts/port-management-act-1995/analysis","conflicts":"/api/acts/port-management-act-1995/conflicts","importantCases":"/api/acts/port-management-act-1995/important-cases","documents":"/api/acts/port-management-act-1995/documents"}}