{"id":"nsw:sl-2023-0106","name":"Port of Newcastle (Extinguishment of Liability) Regulation 2023","slug":"port-of-newcastle-extinguishment-of-liability-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"106 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175925,"registerId":"nsw-nsw:sl-2023-0106-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Port of Newcastle (Extinguishment of Liability) Regulation 2023](/view/html/inforce/current/sl-2023-0106).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> compulsory production notice—see section 9(1).\n> \n> determination means the determination of relevant compensation the appointed person must make under the Act, section 7(1).\n> \n> information includes documents.\n> \n> party means the Port operator or the State.\n> \n> relevant information means information obtained by the appointed person for the purposes of consideration under the Act, section 7(3), whether by a compulsory production notice or otherwise.\n> \n> the Act means the [Port of Newcastle (Extinguishment of Liability) Act 2022](/view/html/inforce/current/act-2022-071).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General","content":"# Part 2 General\n\nPart 2 General","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed period for making determination—the Act, s 7","content":"#### 4 Prescribed period for making determination—the Act, s 7\n\n4 Prescribed period for making determination—the Act, s 7\n\n> > (1) For the Act, section 7(2)(b), the prescribed period is—\n> > \n> > > (a) 6 months from the appointment date, or\n> > \n> > > (b) if, before the end of the 6 month period, the appointed person gives written notice to the Treasurer and the Port operator that the appointed person has formed the view, that is reasonable in the circumstances, that additional time is required to complete the determination—12 months from the appointment date.\n> \n> > (2) The notice must include the reasons the appointed person formed the view that additional time is required to complete the determination.\n> \n> > (3) If the appointed person issues a draft determination to the Port operator and the State before the end of the prescribed period, the prescribed period is extended by 3 months.\n> \n> > (4) Subsection (3) applies only in relation to the first draft determination issued by the appointed person.\n> \n> > (5) In this section—\n> > \n> > appointment date means the date the appointed person is appointed under the Act, section 6.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Calculation of inflation adjustment—the Act, s 8","content":"#### 5 Calculation of inflation adjustment—the Act, s 8\n\n5 Calculation of inflation adjustment—the Act, s 8\n\n> > (1) For the Act, section 8(3), the amount payable is calculated as follows—\n> > \n> > ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0106)%20AND%20(Year%3D2023)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)  \n> > where—\n> > \n> > A is the relevant compensation.\n> > \n> > B is the CPI number for the quarter ending immediately before the relevant compensation is paid in accordance with the Act, section 8.\n> > \n> > C is the CPI number for the June quarter of 2014.\n> \n> > (2) In this section—\n> > \n> > CPI number means the Consumer Price Index (All Groups Index) weighted average of eight capital cities published by the Australian Bureau of Statistics.\n> > \n> > quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Remuneration of appointed person—the Act, s 9","content":"#### 6 Remuneration of appointed person—the Act, s 9\n\n6 Remuneration of appointed person—the Act, s 9\n\n> > (1) For the Act, section 9(3)(a)(iii), the State and the Port operator are each liable to pay half of the appointed person’s remuneration.\n> \n> > (2) In this section—\n> > \n> > remuneration means—\n> > \n> > > (a) the amount the Treasurer and the appointed person agree will be paid to the appointed person for making the determination, and\n> > \n> > > (b) the reasonable costs and disbursements incurred by the appointed person in making the determination.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Consideration of submissions about draft determination—the Act, s 9","content":"#### 7 Consideration of submissions about draft determination—the Act, s 9\n\n7 Consideration of submissions about draft determination—the Act, s 9\n\n> > (1) For the Act, section 9(1)(c) and (3)(c), if the appointed person issues a draft determination to the parties before making the determination, the appointed person must—\n> > \n> > > (a) consider any written submissions about the draft determination that a party makes to the appointed person within the submission period for the draft determination, and\n> > \n> > > (b) if the appointed person does not agree with a submission—give the party that made the submission a written response explaining the appointed person’s reasons for disagreeing with the submission.\n> \n> > (2) The appointed person is not required to consider submissions made by a party after the end of the submission period for the draft determination.\n> \n> > (3) The appointed person may, on request of a party, extend the submission period for the draft determination if the appointed person is of the opinion that the extension is reasonable and necessary in the circumstances.\n> \n> > (4) If the appointed person must give a written response under subclause (1)(b), the appointed person must give the response when the appointed person makes the determination.\n> \n> > (5) In this section—\n> > \n> > submission period, for a draft determination, means the longer of the following periods—\n> > \n> > > (a) the period of 42 days after the day on which the draft determination is issued, or\n> > \n> > > (b) if the appointed person extends the submission period under subsection (3)—the period as extended.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Publication of determination—the Act, s 9","content":"#### 8 Publication of determination—the Act, s 9\n\n8 Publication of determination—the Act, s 9\n\n> For the Act, section 9(1)(c), the appointed person must, within 14 days after making the determination, publish notice of the determination on a publicly available website maintained by the appointed person.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Information requirements","content":"# Part 3 Information requirements\n\nPart 3 Information requirements","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Compulsory production of information—the Act, ss 7 and 9","content":"#### 9 Compulsory production of information—the Act, ss 7 and 9\n\n9 Compulsory production of information—the Act, ss 7 and 9\n\n> > (1) For the Act, sections 7(3) and 9(1)(c), the appointed person may issue a written notice requiring a person to produce information to the appointed person (a compulsory production notice).\n> \n> > (2) The appointed person may issue a compulsory production notice only if the appointed person considers that the information could not reasonably be obtained by other means.\n> \n> > (3) A compulsory production notice must state that it is issued under this section.\n> \n> > (4) A person to whom a compulsory production notice is issued must take reasonable steps to comply with the notice.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Use of information—the Act, s 9","content":"#### 10 Use of information—the Act, s 9\n\n10 Use of information—the Act, s 9\n\n> For the Act, section 9(3)(d), the appointed person may use relevant information only for the purposes of the Act.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Disclosure of confidential information—the Act, s 9","content":"#### 11 Disclosure of confidential information—the Act, s 9\n\n11 Disclosure of confidential information—the Act, s 9\n\n> > (1) For the Act, section 9(3)(d), a person (the notifier) may give the appointed person written notice that certain relevant information the notifier has given the appointed person is confidential (a confidentiality notice).\n> \n> > (2) The appointed person must not disclose information the subject of a confidentiality notice, except—\n> > \n> > > (a) if the appointed person considers the disclosure necessary for the purposes of making the determination, to—\n> > > \n> > > > (i) an employee of the appointed person, or\n> > > \n> > > > (ii) a person engaged to provide professional advice to the appointed person on terms requiring the person to keep the information confidential, or\n> > \n> > > (b) if the information becomes publicly available, or\n> > \n> > > (c) with the notifier’s consent, or\n> > \n> > > (d) as required by another Act or law.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose: operationalising the compensation determination process established by the parent Act. It does not expand beyond the procedural mechanics of timing, calculation, cost-sharing, and information handling."},"complexity_factors":["Short document (11 sections, 4 pages)","Only 6 defined terms in the interpretation section","Minimal cross-referencing—primarily references back to the parent Act for context","Straightforward conditional logic (simple 'if-then' extensions of time)","Single mathematical formula for inflation adjustment (clearly presented)","No nested exceptions or complex hierarchies of conditions"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the practical rules for implementing the *Port of Newcastle (Extinguishment of Liability) Act 2022*. That Act deals with a specific legal dispute about the Port of Newcastle—essentially, it created a process to determine how much compensation (if any) should be paid to resolve certain liabilities.\n\nThis Regulation fills in the operational details:\n\n* **Timing:** It sets deadlines for the independent person making the compensation decision. They have 6 months (extendable to 12 months if needed, or 15 months if they issue a draft determination first).\n* **Money matters:** It explains how to adjust the compensation amount for inflation using CPI figures, and splits the cost of the independent person 50/50 between the NSW Government and the Port operator.\n* **Process:** It requires the independent person to consider submissions from both sides on any draft decision, and to publish the final decision publicly.\n* **Information gathering:** It gives the independent person power to force people to hand over documents (but only as a last resort), and protects confidential information shared during the process.\n\n**Who it affects:**\n\n* The **NSW Government** and the **Port of Newcastle operator** (the two parties to the dispute)\n* The **independent person** appointed to decide the compensation\n* Anyone who might be asked to provide information under a compulsory notice\n\n**Why it matters:**\n\nThis is a procedural rulebook for resolving a high-stakes commercial dispute about one of Australia's largest ports. It ensures the process is transparent, fair, and time-bound—while protecting sensitive commercial information."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the regulation's scope changed from its original intent. It has remained in its as-made form since 2 March 2023 with no amendments recorded."},"complexity_factors":["The concept of 'extinguishment of liability' (permanently cancelling legal rights to sue) is legally technical and not intuitive to laypeople","The regulation operates under the Port of Newcastle privatisation framework, which itself involves complex commercial, legislative and regulatory history","The actual substantive provisions of the regulation were not provided in the text — only metadata — making full analysis impossible and increasing interpretive uncertainty","Interaction with the Subordinate Legislation Act 1989 and staged repeal mechanism adds a temporal complexity layer","The permanent legal effect of extinguishment may survive the regulation's 2028 repeal, which is a nuanced legal concept requiring careful interpretation","Identifying exactly which parties and which liabilities are affected requires cross-referencing the enabling Act (not provided here)"],"plain_english_summary":"This NSW regulation permanently cancels certain legal liabilities connected to the Port of Newcastle, removing the ability of affected parties to sue or seek compensation for those matters. It primarily impacts parties involved in the port’s privatisation or operation (government, the port operator, and potential claimants). The regulation took effect 2 March 2023 and is scheduled for automatic repeal on 1 September 2028, though the extinguishment it creates would already be final."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation does not alter the substantive scope of liability extinguishment under the Act. It prescribes procedural, evidentiary and administrative details to implement the Act: timeframes and extensions for making the determination (s 4), CPI inflation calculation (s 5), allocation of payment for the appointed person (s 6), rules for considering and responding to submissions and publication (ss 7–8), and powers/limits on compulsory production and confidentiality (ss 9–11)."},"complexity_factors":["Procedural focus with limited substantive law — mostly timing, publication, evidence and payment rules (low legal complexity).","Discretion retained by the appointed person to: extend submission periods, form view that extra time is needed, and issue compulsory production notices (ss 4(1)(b), 7(3), 9(1)–(2)).","Multiple short, interlocking deadlines and extensions (6 months; optional 12 months; single 3‑month draft extension; 42‑day submission period; 14‑day publication) increasing operational coordination needs (s 4, s 7, s 8).","Formulaic CPI inflation adjustment referencing a fixed base quarter (June 2014) and ABS CPI series — arithmetic clarity but requires correct data sourcing (s 5).","Cost‑sharing rule: State and Port operator each pay half of remuneration and reasonable costs — creates clear who‑pays allocation (s 6).","Evidence and confidentiality rules: compulsory production allowed only if information cannot be obtained otherwise; confidentiality notices limit disclosure but permit narrow exceptions (ss 9–11).","Strong linkage to the principal Act for substantive effect — many provisions operate only in context of the Act (throughout; defined 'the Act')."],"plain_english_summary":"This Regulation sets the procedural rules an appointed person must follow to decide compensation under the Port of Newcastle (Extinguishment of Liability) Act 2022: fixed time limits for the decision (6 months, possible 12 months or a one-off 3‑month draft-extension), a CPI formula for inflation adjustment, and a 14‑day publication requirement. It also allocates half the appointed person’s pay to the State and half to the Port operator, allows compulsory production notices (only if information cannot be obtained otherwise), limits use of information to Act purposes, and narrows disclosure of notified confidential material."},"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-of-newcastle-extinguishment-of-liability-regulation-2023","history":"/api/acts/port-of-newcastle-extinguishment-of-liability-regulation-2023/history","analysis":"/api/acts/port-of-newcastle-extinguishment-of-liability-regulation-2023/analysis","conflicts":"/api/acts/port-of-newcastle-extinguishment-of-liability-regulation-2023/conflicts","importantCases":"/api/acts/port-of-newcastle-extinguishment-of-liability-regulation-2023/important-cases","documents":"/api/acts/port-of-newcastle-extinguishment-of-liability-regulation-2023/documents"}}