88ZHow port operator directions are given

88Z How port operator directions are given (1) A port operator direction may be given in any of the following ways— (a) by notice displayed in the area of the leased port of Melbourne land where the direction applies; (b) by notice published on the port of Melbourne operator's Internet site; (c) by notice served on the person or persons to whom the direction applies. (2) A port operator direction given by notice published on the port of Melbourne operator's Internet site is of no effect until a copy of the notice has been published in the Government Gazette. (3) Before a port operator direction is given, not less than 2 weeks advance notice of the proposed direction must be given— (a) to the harbour master engaged for the port of Melbourne waters; and (b) to the Minister administering the **Dangerous Goods Act 1985** if the direction relates to dangerous goods to which that Act applies. (4) Advance notice of a proposed port operator direction is sufficiently given to the harbour master engaged for the port of Melbourne waters or the Minister administering the **Dangerous Goods Act 1985** by being delivered or sent by post to the office of the harbour master or that Minister, as appropriate. (5) Advance notice of a proposed port operator direction is not required if the direction is given in an emergency or is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property. S. 88ZA inserted by No. 10/2016 s. 147. 88ZA Enforcement of port operator directions (1) A person to whom a port operator direction applies must comply with the direction unless compliance would result in the person contravening a requirement imposed by or under an Act. (2) The port of Melbourne operator may enforce compliance with a port operator direction in any of the following ways— (a) by removing from the leased port of Melbourne land any person who is contravening the direction; (b) by removing from the leased port of Melbourne land or moving within that land any vehicle that is stopped or parked in contravention of the direction; (c) by removing from the leased port of Melbourne land or moving within that land any goods stored in contravention of the direction; (d) by carrying out any work in the leased port of Melbourne land that a person has failed to carry out in contravention of the direction or that is reasonably required to be carried out to remedy a contravention of the direction. (3) The power to remove or move a vehicle or goods from or within leased port of Melbourne land includes the power to place the vehicle or goods in secure storage pending return of the vehicle or goods to their owner. (4) Anything done by or on behalf of the port of Melbourne operator reasonably and in good faith to enforce compliance with a port operator direction as permitted by this Division does not subject the port of Melbourne operator or any other person to any action, liability, claim or demand. S. 88ZB inserted by No. 10/2016 s. 147. 88ZB Recovery of costs (a) a person fails to comply with a port operator direction; and (b) as a result, the port of Melbourne operator incurs costs in enforcing compliance with the port operator direction. (2) The port of Melbourne operator is entitled to recover from the person the reasonable costs incurred by it as a debt in a court of competent jurisdiction. (3) A certificate issued by the port of Melbourne operator certifying as to the reasonable costs incurred by it in enforcing compliance with a port operator direction is evidence of the matters certified. S. 88ZC inserted by No. 10/2016 s. 147. 88ZC Advance notice of proposed work (1) The port of Melbourne operator is not authorised to enforce compliance with a port operator direction by carrying out work that a person has failed to carry out in contravention of the direction, or that is reasonably required to be carried out to remedy a contravention by a person of the direction, unless the port of Melbourne operator has given the person advance notice of the proposed work. (2) Advance notice of proposed work must— (a) be given no less than 7 days before the work commences; and (b) be given in writing; and (c) give details of the alleged contravention concerned. (3) Advance notice of proposed work is not required in an emergency or if the proposed work is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property. (4) In such a case, notice of the work being undertaken must be given as soon as reasonably practicable in the circumstances. S. 88ZD inserted by No. 10/2016 s. 147. 88ZD Power of entry The port of Melbourne operator may enter any premises on leased port of Melbourne land at any time for the purpose of— (a) ascertaining whether a port operator direction is being complied with or has been contravened; or (b) doing anything that the port of Melbourne operator is authorised to do to enforce compliance with a port operator direction. S. 88ZE inserted by No. 10/2016 s. 147. 88ZE Functions and powers may be performed or exercised by authorised officers (1) The functions and powers of the port of Melbourne operator under this Division may be performed or exercised on behalf of the port of Melbourne operator by an authorised officer. (2) Accordingly, a reference in this Division to a port operator direction includes such a direction given by an authorised officer on behalf of the port of Melbourne operator. (3) An authorised officer who enters land or premises under the authority of this Division may be accompanied by any person believed by the authorised officer to be capable of providing assistance in the performance or exercise of the authorised officer's functions or powers under this Division. (4) An authorised officer may request the assistance of any police officer if the authorised officer reasonably believes that the performance or exercise of the authorised officer's functions or powers under this Division will be obstructed or otherwise interfered with. S. 88ZF inserted by No. 10/2016 s. 147. 88ZF Obstruction of authorised officer A person must not obstruct or otherwise interfere with an authorised officer in the performance of any function, or exercise of any power, of the authorised officer under this Division. S. 88ZG inserted by No. 10/2016 s. 147. 88ZG Monitoring of port operator directions (1) The port of Melbourne operator must within 3 months after the end of each 6 month period ending on 30 June or 31 December in a year (beginning with the year 2015) provide details to the Minister of such of the following matters (***reportable matters***) as occurred in the period concerned— (a) the giving of a port operator direction by the port of Melbourne operator; (b) any port operator direction given by the port of Melbourne operator ceasing to have effect; (c) any contravention of which the port of Melbourne operator is aware of a port operator direction given by the port of Melbourne operator; (d) any exercise by the port of Melbourne operator of the power under section 88ZD to enter premises; (e) any action taken by the port of Melbourne operator to enforce compliance with a port operator direction (being action authorised to be taken under this Part). (2) The port of Melbourne operator must also provide details of reportable matters to the Minister as and when directed to do so by the Minister by written notice given to the port of Melbourne operator. (3) A notice under subsection (2) must allow not less than 21 days for compliance with the direction. (4) Information required to be provided by or under this section must be provided in such manner and form as the Minister may direct by written notice given to the port of Melbourne operator. S. 88ZH inserted by No. 10/2016 s. 147. 88ZH Publication of reports about port operator directions (1) The Minister may publish reports and statements, based on information provided to the Minister under section 88ZG about reportable matters, subject to the following requirements— (a) any such report or statement must not include information that identifies a person (or is likely to lead to the identification of a person) as a person who has contravened a port operator direction; (b) the Minister must provide the port of Melbourne operator with a copy of the proposed report or statement at least 14 days before it is published. (2) No liability (including liability in defamation) is incurred for publishing in good faith a report or statement under this section or a fair report or summary of such a report or statement. Division 3—Information gathering by port of Melbourne operator S. 88ZI inserted by No. 10/2016 s. 147. 88ZI Power to require information to be provided (1) The port of Melbourne operator, by written direction (an ***information direction***), may require any of the following persons to provide relevant information to the port of Melbourne operator— (a) the master of any vessel that berths in the port of Melbourne; (b) a shipping agent for goods shipped to, from or within the port of Melbourne; (c) a consignor or consignee of goods shipped to, from or within the port of Melbourne; (d) an operator of stevedoring or other facilities on leased port of Melbourne land. (2) Information is ***relevant information*** if it is information that the port of Melbourne operator reasonably requires for any of the following purposes— (a) monitoring compliance with port operator directions; (b) determining liability for and the amount of, and facilitating the collection of, wharfage fees and channel fees; (c) compiling statistics that the port of Melbourne operator is— (i) directed, in writing, by the Minister to compile; or (ii) required to compile by or under an Act or an agreement with the State or a public entity; (d) co-ordinating communication at the port; (e) any purpose prescribed by the regulations in connection with the operation and management of the port of Melbourne. (3) An information direction must allow a reasonable period of not less than 14 days for compliance with the direction unless the direction is given in response to an emergency or to avert an imminent threat of death or serious injury to persons or serious damage to property (in which case compliance is required as soon as reasonably practicable). S. 88ZJ inserted by No. 10/2016 s. 147. 88ZJ Use and disclosure of information collected The port of Melbourne operator is authorised to use and disclose information provided to it in compliance with an information direction for any allowable purpose for which it is authorised to require the information. S. 88ZK inserted by No. 10/2016 s. 147. 88ZK Compliance with information direction (1) A person must not without reasonable excuse fail to comply with an information direction given to the person. Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. (2) A duty of confidentiality is not a reasonable excuse for failure to comply with an information direction. (3) A person must not in purported compliance with an information direction given to the person provide information that the person knows, or ought reasonably to know, is false or misleading in a material particular. Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. (4) The provision of information that would otherwise constitute a breach of a duty of confidentiality does not constitute such a breach if the information is provided in compliance with an information direction. Division 4—Authorised officers S. 88ZL inserted by No. 10/2016 s. 147. 88ZL Appointment (1) The chief executive officer of the port of Melbourne operator, by instrument, may appoint as an authorised officer any officer, employee or agent of the port of Melbourne operator who the chief executive officer considers is suitably qualified or trained to exercise the powers of an authorised officer under this Part. (2) An appointment under subsection (1) is for a term, and subject to the conditions, specified in the instrument of appointment. (3) The chief executive officer of the port of Melbourne operator, by instrument, may delegate the chief executive's power under subsection (1) to an officer or employee of the port of Melbourne operator. S. 88ZM inserted by No. 10/2016 s. 147. 88ZM Identity cards (1) The port of Melbourne operator must cause to be issued an identity card to an authorised officer appointed under section 88ZL. (2) An identity card must— (a) state the authorised officer's name and their appointment as an authorised officer; and (b) include any other matter that is prescribed. S. 88ZN inserted by No. 10/2016 s. 147. 88ZN Return of identity cards If a person to whom an identity card has been issued ceases to be an authorised officer, the person must return the identity card to the port of Melbourne operator as soon as practicable. S. 88ZO inserted by No. 10/2016 s. 147. 88ZO Production of identity card (1) An authorised officer must produce the officer's identity card for inspection— (a) before exercising a power under this Part; or (b) if asked to do so by any person at any time during the exercise of a power under this Part. Penalty: 5 penalty units. (2) Subsection (1) does not apply if— (a) the authorised officer reasonably believes that the production of the officer's identity card would affect the safety or welfare of any person; or (b) the request to produce the identity card is made by a person to whom the authorised officer has already produced that identity card on the same day before exercising a power under this Part. (3) Any action taken or thing done by an authorised officer under this Part is not invalidated by the officer's failure to produce the officer's identity card. Part 6—Harbour masters S. 83 amended by No. 85/2003 s. 30(2), repealed by No. 9/2004 s. 28. S. 84 amended by No. 77/2001 s. 32(4)(b), repealed by No. 9/2004 s. 28. S. 85 amended by No. 85/2003 s. 30(2), repealed by No. 9/2004 s. 28. S. 86 amended by No. 77/2001 s. 32(4)(b), repealed by No. 9/2004 s. 28. S. 87 amended by No. 77/2001 s. 32(4)(b), repealed by No. 9/2004 s. 28. S. 88 amended by No. 85/2003 s. 30(2), repealed by No. 9/2004 s. 28. Pt 6 Div. 1 (Heading and ss 89–91) amended by Nos 77/2001 s. 32(4)(b), 85/2003 s. 30(2), 9/2004 ss 28, 29, 45/2010 s. 39, 65/2010 s. 419(5), 19/2022 s. 59, repealed by No. 25/2025 s. 38. Pt 6 Div. 2 (Heading and s. 91AA) inserted by No. 19/2022 s. 60. Division 2—Ports Victoria may request conditions on harbour master licences S. 91AA inserted by No. 19/2022 s. 60. 91AA Ports Victoria may request imposition or variation of condition of harbour master licence S. 91AA(1) amended by No. 34/2023 s. 127(Sch. 1 item 9.9(a)). (1) Ports Victoria may, at any time, request that Safe Transport Victoria impose a condition on a harbour master licence of a harbour master engaged for port waters for which Ports Victoria is responsible— (a) that relates to one or more of the following matters— (i) marine incidents within the meaning of the **Marine Safety Act 2010**; (ii) operational safety performance; (iii) participation in training and safety development programmes; (iv) any prescribed matter; and (b) that limits or restricts a function of the harbour master who holds that licence. S. 91AA(2) amended by No. 34/2023 s. 127(Sch. 1 item 9.9(b)). (2) Safe Transport Victoria must not unreasonably refuse to consider a request under subsection (1). Pt 6A (Heading and ss 91A–91I) inserted by No. 85/2003 s. 18.