42Grant of relevant authorisations

42 Grant of relevant authorisations

(1) The Premier may give a direction to a public sector entity in relation to the grant of any relevant authorisation to a person who becomes or will become the new operator of any port assets under an authorised transaction.

(2) A direction under subsection (1) may include a direction for or in relation to any of the following—

(a) requiring the grant of a relevant authorisation without the need to make or determine an application;

(b) the conditions or endorsements subject to which any relevant authorisation is to be granted or that are to be attached to any relevant authorisation.

(3) A direction under subsection (1) may only be given under that subsection for the grant of a relevant authorisation that—

(a) operates to transfer or replace an existing relevant authorisation that is currently in force; and

(b) is subject to terms, conditions or endorsements that are the same (or to substantially the same effect) as those to which the relevant authorisation is subject.

(4) Before giving a direction to the public sector entity under subsection (1), the Premier must consult with—

(a) the Minister administering the Act under which the relevant authorisation is to be granted; and

(b) the public sector entity.

(5) A public sector entity under a relevant law must comply with a direction given to it under subsection (1).

(6) Anything done by a public sector entity (as the grantee of a relevant authorisation) in compliance with a term, condition or endorsement of a relevant authorisation in relation to port assets of which a person is the new operator is taken to have been done by the new operator for the purposes of any corresponding term, condition or endorsement of a relevant authorisation granted to the new operator as a result of a direction given under subsection (1).

(7) In this section—

grant includes give, issue and transfer;

new operator of port assets means—

(a) a public sector entity to which any port assets are transferred for the purposes of an authorised transaction; or

(b) a person (or the nominee of a person) in whom port assets are vested, or to whom port assets are transferred, pursuant to an authorised transaction;

relevant authorisation means a licence, permit, consent, entitlement, accreditation, approval, exemption or other authorisation under a relevant law;

S. 42(7) def. of relevant law amended by Nos 7/2017 s. 300, 26/2018 s. 91(2).