88OOffence not to comply with hazardous port activity direction

88O Offence not to comply with hazardous port activity direction A person who has been given a hazardous port activity direction under section 88N must comply with that direction, unless that person has a reasonable excuse for not doing so. 1. 60 penalty units. Pt 5B Div. 4 (Heading) substituted by No. 25/2025 s. 29. Division 4—Unattended things S. 88AP inserted by No. 55/2017 s. 43. 88AP Definitions In this Division— S. 88AP def. of *relevant port* amended by No. 19/2022 s. 57. ***relevant port*** means— (a) if the port manager is Ports Victoria— (i) those parts of the port comprising port of Melbourne waters and port of Melbourne land that is not leased port of Melbourne land; and (ii) other commercial trading ports; (b) if the port manager is the port of Melbourne operator—those parts of the port comprising leased port of Melbourne land; (d) if the port manager is a person or body appointed under section 44A—the local port in respect of which that person or body was appointed under that section. S. 88P inserted by No. 93/2009 s. 12, substituted by No. 10/2016 s. 139. 88P Offence to leave things in port waters or on port land S. 88P(1) amended by Nos 10/2016 s. 179(Sch. 1 item 7.30), 19/2022 s. 58. (1) A person must not leave any thing unattended in port of Melbourne waters or on port of Melbourne land that is not leased port of Melbourne land for more than one month without the permission of Ports Victoria. (2) A person must not leave any thing unattended on leased port of Melbourne land for more than one month without the permission of the port of Melbourne operator. S. 88PA inserted by No. 25/2025 s. 30. 88PA Abandoned things (1) For the purposes of this Division, a port manager may determine that a thing (including a vessel or other item) is an abandoned thing if the thing has been left in a relevant port for more than one month and— (a) the port manager cannot establish both the identity and location of the owner of the thing despite making all reasonable enquiries; or (b) the port manager has identified the owner and— (i) reasonably believes that the owner of the thing will not move the thing; or (ii) has served written notice on the owner of the thing stating that the thing must be moved before a date specified in the notice (being a date not less than 14 days after the day on which the notice is served on the owner), and the thing has not been moved by that date. (2) A notice under subsection (1)(b)(ii) may be served on an owner in or outside Victoria— (a) personally or by sending it by post addressed to the owner at the usual or last known place of residence or business of that owner; or (b) by sending it to a fax number or email address or by any other form of electronic communication nominated by the owner; or (c) by sending it to the owner at an authorised address within the meaning of section 163A of the **Infringements Act 2006**. (3) A notice under subsection (1)(b)(ii) served in accordance with subsection (2)(c) and returned undelivered to its sender is taken to have been served 7 days after the date specified in the notice as the date of the notice, despite it being returned to the sender as undelivered. (4) Subsection (3) has effect despite anything to the contrary in section 49(1) of the **Interpretation of Legislation Act 1984**. S. 88Q inserted by No. 93/2009 s. 12, amended by No. 10/2016 ss 140, 179(Sch. 1 item 7.31), substituted by Nos 55/2017 s. 44, 25/2025 s. 31.