{"id":"south-australian-ports-disposal-of-maritime-assets-regulations-2012","name":"South Australian Ports (Disposal of Maritime Assets) Regulations 2012","slug":"south-australian-ports-disposal-of-maritime-assets-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237311,"registerId":"sa-south-australian-ports-disposal-of-maritime-assets-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Ports (Disposal of Maritime Assets) Regulations 2012","content":"South Australia\nSouth Australian Ports (Disposal of Maritime Assets) Regulations 2012\nunder the South Australian Ports (Disposal of Maritime Assets) Act 2000\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tMembership of panel (section 21 of Act)\n5\tProcedures of panel (section 22 of Act)\nSchedule 1—Revocation of South Australian Ports (Disposal of Maritime Assets) Regulations 2007\nLegislative history\n\n1—Short title\nThese regulations may be cited as the South Australian Ports (Disposal of Maritime Assets) Regulations 2012.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the South Australian Ports (Disposal of Maritime Assets) Act 2000;\npanel means the Port Adelaide Container Terminal Monitoring Panel;\nport of Port Adelaide means the Port Adelaide port as constituted under the Harbors and Navigation Act 1993;\nport operator has the same meaning as in the Harbors and Navigation Act 1993.\n4—Membership of panel (section 21 of Act)\n\t(1)\tThe panel will consist of the following persons appointed by the Minister:\n\t(a)\ta nominee of the South Australian Freight Council Incorporated;\n\t(b)\ta nominee of the port operator of the port of Port Adelaide;\n\t(c)\ta nominee of the operator of the Port Adelaide Container Terminal (being a person who works in South Australia);\n\t(d)\ta nominee of Shipping Australia Limited;\n\t(e)\ta nominee of The South Australian Road Transport Association Incorporated;\n\t(f)\ta nominee of Customs Brokers and Forwarders Council of Australia Inc;\n\t(g)\ta nominee of the South Australian Employers' Chamber of Commerce and Industry Inc (Business SA);\n\t(h)\ta nominee of the Commonwealth Minister responsible for the administration of the Customs Act 1901 of the Commonwealth;\n\t(i)\ta nominee of the Commonwealth Minister responsible for the administration of the Quarantine Act 1908 of the Commonwealth;\n\t(j)\ta nominee of The Maritime Union of Australia (being a person who works at the Port Adelaide Container Terminal);\n\t(k)\ta nominee of the Australian Maritime Officers Union (being a person who works at the Port Adelaide Container Terminal);\n\t(l)\t1 or 2 persons selected by the Minister to represent the interests of importers and exporters in South Australia.\n\t(2)\tIf the Minister selects 2 persons under subregulation (1)(l), 1 must represent the interests of importers, and the other the interests of exporters, in South Australia.\n5—Procedures of panel (section 22 of Act)\n\t(1)\tThe member appointed on the nomination of the South Australian Freight Council Incorporated (or an alternate member acting for that member) must preside at meetings of the panel.\n\t(2)\tA quorum of the panel consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1 and must include—\n\t(a)\tthe member appointed on the nomination of the South Australian Freight Council Incorporated (or the relevant alternate member); and\n\t(b)\tthe member appointed on the nomination of the port operator of the port of Port Adelaide (or the relevant alternate member); and\n\t(c)\tthe member appointed on the nomination of the operator of the Port Adelaide Container Terminal (or the relevant alternate member); and\n\t(d)\t2 other members (or the relevant alternate members) entitled to vote on a question arising for decision by the panel.\n\t(3)\tA decision carried by the majority of the votes cast by the members present at a meeting of the panel is a decision of the panel. \n\t(4)\tSubject to subregulation (5), each member of the panel is entitled to 1 vote on a question arising for decision by the panel.\n\t(5)\tThe following members (and their alternates) are not entitled to vote:\n\t(a)\tthe member appointed on the nomination of the port operator of the port of Port Adelaide;\n\t(b)\tthe member appointed on the nomination of the operator of the Port Adelaide Container Terminal;\n\t(c)\tthe member appointed on the nomination of The Maritime Union of Australia;\n\t(d)\tthe member appointed on the nomination of the Australian Maritime Officers Union.\nSchedule 1—Revocation of South Australian Ports (Disposal of Maritime Assets) Regulations 2007\nThe South Australian Ports (Disposal of Maritime Assets) Regulations 2007 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2012\n225\nGazette 8.11.2012 p4961\n8.11.2012: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was inaccessible due to a broken URL. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its actual provisions","Complexity cannot be meaningfully assessed without access to the text","Score of 1 reflects absence of content rather than genuine simplicity"],"plain_english_summary":"These Regulations (text currently unavailable online) would set rules for how South Australia disposes of government maritime assets — port facilities, vessels, equipment or infrastructure — by prescribing who may acquire them, the required disposal process, and any sale conditions. \n\nThey matter to port operators, prospective buyers, shipping companies and maritime workers because they govern ownership transfers and operational continuity."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Schedule 1 revokes the South Australian Ports (Disposal of Maritime Assets) Regulations 2007, replacing them with these 2012 regulations that specify panel membership and procedures (regulations 4–5). The instrument therefore changes the subordinate regulation set governing the Port Adelaide Container Terminal Monitoring Panel by prescribing a new composition, voting regime and procedural rules."},"complexity_factors":["Detailed list of nominated stakeholder bodies required for membership (regulation 4)","Ministerial appointment discretion and choice to select one or two importer/exporter representatives (regulation 4(1)(l) and 4(2))","Quorum computed as half the membership rounded down plus one, with mandatory inclusion of specific members (regulation 5(2))","Specified presiding member and the use of alternate members (regulation 5(1) and implied alternates in r.5(2))","Voting entitlements and explicit exclusions for four nominated members (regulation 5(4)–(5))","Cross-references and defined terms tied to other Acts (regulation 3 references the Act and the Harbors and Navigation Act 1993)","Revocation of the 2007 Regulations (Schedule 1) — a straight replacement of prior subordinate rules"],"plain_english_summary":"These regulations set who sits on and how the Port Adelaide Container Terminal Monitoring Panel operates: which organisations nominate members, who must preside, quorum and voting rules, and they revoke the 2007 regulations. They affect nominated industry, union and Commonwealth representatives and the Minister who appoints members. The instrument says it enables monitoring of terminal operations; mechanically it concentrates appointment choice with the Minister (r.4), creates time and administrative obligations for nominees, and removes voting rights from certain nominated members (r.5(5))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing the membership and procedures of the Port Adelaide Container Terminal Monitoring Panel. The 2012 version is a direct replacement of the 2007 regulations with no expansion of scope — it maintains the same narrow administrative function of panel governance."},"complexity_factors":["Only 4 defined terms in the interpretation section (Act, panel, port of Port Adelaide, port operator)","Straightforward procedural rules with minimal cross-referencing (only references to sections 21 and 22 of the parent Act)","Simple arithmetic for quorum calculation (half plus one)","Clear list of 11-12 panel members with only one conditional element (the optional second representative for importers/exporters)","Single explicit exception (non-voting members in regulation 5(5))","No nested conditions, no delegated powers, no offence provisions, no penalty clauses"],"plain_english_summary":"These regulations set up the rules for a **Port Adelaide Container Terminal Monitoring Panel** — basically a committee that keeps an eye on how the container terminal at Port Adelaide is being run after the port was privatised.\n\n**What the panel does:**\nThe panel monitors the operation of the Port Adelaide Container Terminal to make sure everything is running fairly for workers, shipping companies, freight operators, and businesses that import and export goods.\n\n**Who sits on the panel (12-13 members):**\nThe Minister appoints representatives from:\n- **Industry groups**: South Australian Freight Council, Shipping Australia, road transport association, customs brokers, Business SA\n- **Port operators**: the company running the port and the company running the container terminal\n- **Unions**: Maritime Union of Australia and Australian Maritime Officers Union (but these members **cannot vote**)\n- **Federal government**: representatives from Customs and Quarantine departments\n- **Traders**: 1 or 2 people representing importers and exporters in South Australia\n\n**How the panel makes decisions:**\n- The Freight Council representative chairs the meetings\n- To make a decision, you need a majority vote from members present\n- **Four members cannot vote**: the port operator, the terminal operator, and the two union representatives (they can attend and speak, but not vote)\n- You need a quorum (minimum number to meet) of half the members plus one, including specific key representatives\n\n**Why this matters:**\nWhen public assets like ports are sold to private companies, there needs to be oversight to protect the interests of workers, businesses, and the economy. These regulations create a balanced committee where industry, unions, and government all have a voice — though with voting restrictions on some parties to prevent conflicts of interest.\n\n**Note:** These 2012 regulations replaced earlier 2007 regulations (which are now revoked)."},"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/south-australian-ports-disposal-of-maritime-assets-regulations-2012","history":"/api/acts/south-australian-ports-disposal-of-maritime-assets-regulations-2012/history","analysis":"/api/acts/south-australian-ports-disposal-of-maritime-assets-regulations-2012/analysis","conflicts":"/api/acts/south-australian-ports-disposal-of-maritime-assets-regulations-2012/conflicts","importantCases":"/api/acts/south-australian-ports-disposal-of-maritime-assets-regulations-2012/important-cases","documents":"/api/acts/south-australian-ports-disposal-of-maritime-assets-regulations-2012/documents"}}