VICIn ForceAct
Port Management Act 1995
115Interim arrangements
Start here
Get a plain-English read of 115
Turn the raw legal text into a practical explanation grounded in Port Management Act 1995.
115 Interim arrangements
S. 115(1) amended by No. 63/1997
(1) Each transferee of former port authority property or port property (***the new body***)—
S. 115(1)(a) amended by No. 63/1997
(a) may, subject to any agreement to the contrary, exercise such rights and privileges (including access to goods and services) in relation to former port authority property or port property that has become property of another transferee as are reasonably necessary to enable the new body to carry out its functions in a manner similar to the manner in which the relevant port authority carried out corresponding functions before the relevant date; and
(b) must, subject to any agreement to the contrary—
S. 115(1)(b)(i) amended by No. 63/1997
(i) permit any other transferee to exercise such rights and privileges in relation to former port authority property or port property that has become property of the new body; and
S. 115(1)(b)(ii) amended by No. 63/1997
(ii) make available to each other transferee such goods and services as are available from that former port authority property or port property—
as are reasonably necessary to enable the other transferee to carry out its functions in a manner similar to the manner in which the relevant port authority carried out corresponding functions before the relevant date.
S. 115(2) amended by No. 63/1997
(2) A transferee must pay such reasonable charges for the exercise of rights and privileges under subsection (1)(a) in respect of former port authority property or port property of another transferee as are determined by the other transferee and agreed between the parties or, if the other transferee determines charges and there is no agreement, as are determined by the Treasurer.