Sch 8sets out transitional provisions.

Schedule 8 sets out transitional provisions. [Section 139A inserted: No. 9 of 2014 s. 29.] ## Part 11 — Regulations ##### 139. General power to make regulations (1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. (2) Without limiting subsection (1) regulations may be made for all or any of the purposes, or about all or any of the matters, set out in Schedule 7. (3) Regulations under this Act may be expressed to prevail over regulations made under the GTE Act. (4) Regulations in reliance on subsection (3) must not be made except on the recommendation of — (a) the Minister; and (b) the Minister to whom the administration of the GTE Act is committed. (5) If and to the extent that regulations under this Act are so expressed, in the event of a conflict or inconsistency between a provision of those regulations and a provision of regulations made under the GTE Act, the former provision prevails. [Section 139 amended: No. 13 of 2023 s. 241.] ##### 140. Offences against regulations Regulations may create offences and provide, in respect of an offence so created, for the imposition of a penalty not exceeding a fine of $12 000 with or without imprisonment for a term not exceeding 12 months. ##### 141. Adoption of other laws, codes etc. (1) Regulations may adopt, either wholly or in part or with modifications — (a) any rules, regulations, codes, instructions or other subsidiary legislation made, determined or issued under any other Act or under any Imperial Act or Commonwealth Act; or (b) any of the standards, rules, codes or specifications of the bodies known as the International Maritime Organization, Standards Australia, the British Standards Institution or The Association of Australian Port and Marine Authorities or of any other like body that is specified in those regulations. (2) If regulations adopt any subsidiary legislation, standard, rule, code or specification under subsection (1), it is adopted as in force from time to time unless those regulations specify that a particular text is adopted. (3) Regulations may provide that if by reason of unavailability of materials or for any other reason that a port authority considers valid any requirement of any subsidiary legislation or standard, rule, code or specification adopted by those regulations in accordance with subsection (1) cannot be conformed to, a port authority may approve such use of materials or other matters as it considers to be consistent with the achievement of the objects of those regulations. [Section 141 amended: No. 74 of 2003 s. 93(4).] ##### 142. References to other approvals or decisions Regulations may be made so as to apply according to an approval or other administrative decision of a person or body specified in those regulations even if that approval or other decision may not have been, or may not have been primarily, given or made for the purposes of this Act. ##### 143. Licensing, provisions as to (1) Regulations may control an activity or thing by prohibiting it from being carried out or done in a port except under a licence issued by the port authority. (2) Regulations may provide for the following — (a) the calling of applications or tenders for licences; (b) the method of applying or tendering for licences; (c) the issue, duration, renewal, suspension or cancellation of licences; (d) the imposition of conditions or restrictions on licences. (3) Neither the port authority, nor a person acting on its behalf, needs a licence referred to in this section. (4) This section does not limit the methods by which the regulations may control an activity or thing. [Part 12 (s. 144) deleted: No. 13 of 2023 s. 242.]