62Meaning of *Port Growth Regime waiver provision*

62 Meaning of *Port Growth Regime waiver provision*

(1) A Port Growth Regime waiver provision is a provision that—

(a) is contained in an agreement or deed connected with an authorised transaction; and

(b) requires a public sector entity to waive a right to receive a payment, or forgo a payment, that would be otherwise payable to that entity by an entity specified in subsection (2)—

(i) in relation to, or because of, or calculated by reference to the handling of international containers at a port in Victoria other than the port of Melbourne; or

(ii) in relation to, or because of, or calculated by reference to a factor that is a proxy for the handling of international containers at a port in Victoria other than the port of Melbourne; or

(iii) in relation to the development, or an announcement by the State of the proposed development, of international container facilities at a port in Victoria other than the Port of Melbourne.

Note

A public sector entity includes the State—see section 3.

(2) For the purposes of subsection (1), a specified entity is—

(a) the port of Melbourne operator; or

(b) an associated entity of the port of Melbourne operator.

63 Relevant legislation for the purposes of the Essential Services Commission Act 2001

This Division is relevant legislation for the purposes of the Essential Services Commission Act 2001.