NORTHERN TERRITORY OF AUSTRALIA
PORT OF DARWIN ACT 2015
As in force at 30 July 2020
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
4 Meaning of port assets .................................................................... 4
5 Act binds Crown .............................................................................. 4
6 Extraterritorial operation of Act ........................................................ 5
Part 2 Authorised transactions and proceeds
7 Authorised transactions ................................................................... 5
8 Proceeds of authorised transaction ................................................. 6
Part 3 Facilitating authorised transactions
9 Chief Minister's functions ................................................................. 7
10 Manner of effecting authorised transaction ...................................... 7
11 Transaction companies ................................................................... 7
12 Functions of Darwin Port Corporation and transaction
companies ....................................................................................... 8
13 Direction and control of public sector entities .................................. 9
14 Immunity of directors and other officers......................................... 10
15 Interaction between this Part and Corporations Act 2001 .............. 11
Part 4 Vesting orders
16 Definitions ...................................................................................... 11
17 Making of vesting order ................................................................. 11
18 Vesting of port assets in transferee ............................................... 11
19 Terms and conditions .................................................................... 12
20 Certification to registration authorities ........................................... 13
21 Confirmation of vesting .................................................................. 13
22 Access to vesting orders................................................................ 13
Part 5 Other arrangements related to authorised
transactions
23 Effect of certain provisions of port assets instruments................... 14
24 Direction to grant, issue or transfer relevant authorisation ............ 15
Port of Darwin Act 2015 ii
25 Provisions relating to grant, issue or transfer of relevant
authorisation .................................................................................. 16
26 Severance of fixtures ..................................................................... 16
27 No relief against forfeiture ............................................................. 17
28 Crown Lands Act 1992 not to apply to lease or licence ................. 17
Part 6 Miscellaneous matters
29 Excluded matter for Corporations Act 2001 ................................... 17
30 General relationship of Act with other provisions ........................... 17
31 Compensation not payable ............................................................ 18
32 Effect of things done under Act...................................................... 19
33 Delegation ..................................................................................... 20
34 Orders ........................................................................................... 20
35 Regulations.................................................................................... 20
36 Amendment or modification of operation of Act by regulation........ 20
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 July 2020
PORT OF DARWIN ACT 2015
An Act to authorise and facilitate the transfer of assets, rights and
liabilities relating to, or connected with, the Port of Darwin, and for
related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Port of Darwin Act 2015.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Interpretation
(1) In this Act:
assets means any legal or equitable estate or interest (whether
present or future, vested or contingent or personal or assignable) in
real or personal property of any description and includes money,
securities, choses in action and documents.
authorised transaction means a transfer of port assets authorised
by section 7(1).
Darwin Port Corporation means the Darwin Port Corporation
established by section 6 of the Darwin Port Corporation Act 1983
before its repeal.
designated port, see section 3 of the Ports Management Act 2015.
entity includes a person and an unincorporated body.
exercise, a function, includes perform a duty.
function includes power, authority and duty.
Part 1 Preliminary matters
Port of Darwin Act 2015 2
GOC means a Government owned corporation as defined in
section 3 of the Government Owned Corporations Act 2001.
land includes land covered by water.
Land Development Corporation means the Land Development
Corporation established under section 4 of the Land Development
Corporation Act 2003.
lease includes concurrent lease and any subletting (or concurrent
subletting).
liabilities means any liabilities, duties or obligations (whether
present or future, vested or contingent or personal or assignable).
modification includes addition, exception, omission and
substitution.
new port operator means the entity that, as a result of a
declaration made under section 8 of the Ports Management
Act 2015, is or will be the operator of the Port of Darwin.
port assets, see section 4.
Port of Darwin means:
(a) until the making of a declaration in respect of it as a
designated port under section 7 of the Ports Management
Act 2015 – the area of water and land comprised within the
boundaries as declared from time to time under section 43A of
the Darwin Port Corporation Act 1983; and
(b) on and from the making of a declaration in respect of it as a
designated port under section 7 of the Ports Management
Act 2015 – the area of water and land comprised within the
boundaries as declared from time to time under that section.
Note for definition Port of Darwin
See Gazette No. G19 of 17 May 2000 at page 3 for the declaration made under
section 43A of the Darwin Port Corporation Act 1983 on 26 April 2000.
Port of Darwin land means land that is a port asset.
private sector entity means an entity other than a public sector
entity.
public sector entity means any of the following:
(a) the Territory (including the Crown in right of the Territory);
(b) a minister of the Territory;
Part 1 Preliminary matters
Port of Darwin Act 2015 3
(c) an Agency;
(d) a GOC;
(e) a public authority of the Territory;
(f) a person holding or occupying an office established by a law
of the Territory;
(g) a transaction company all of the issued shares in which are
held by, or on behalf of, a public sector entity mentioned in
any other paragraph;
(h) an entity that is wholly owned by an entity that is a public
sector entity mentioned in any other paragraph.
relevant authorisation means a licence, permit, consent, approval,
entitlement, accreditation, exemption or other authorisation under
an Act.
rights means any rights, powers, privileges or immunities (whether
present or future, vested or contingent or personal or assignable).
transaction arrangement means an agreement or other
arrangement entered into by or on behalf of a public sector entity
for the purposes of an authorised transaction.
transaction company means a body corporate established as a
transaction company under section 11.
transfer, of port assets, includes the sale, lease or licence of port
assets and the creation and transfer of any interest in port assets.
transferee, for Part 4, see section 16.
transferor, for Part 4, see section 16.
vesting order, see section 17(1).
(2) Words and expressions used in this Act that are defined in
section 9 of the Corporations Act 2001 have the same meanings as
in that section, except in so far as they are defined differently in this
Act or the context or subject matter otherwise indicates or requires.
(3) An act, matter or thing is done, or has effect, for the purposes of an
authorised transaction if it is done or has effect:
(a) for the purpose of effecting or facilitating an authorised
transaction; or
Part 1 Preliminary matters
Port of Darwin Act 2015 4
(b) for any purpose that is ancillary or incidental to, or
consequential on, an authorised transaction; or
(c) for any purpose connected with the vesting of port assets in a
public sector entity at any time after completion of an
authorised transaction.
(4) The assets, rights and liabilities of a body corporate include the
assets, rights and liabilities of a wholly-owned subsidiary of the
body corporate.
(5) If this Act provides for an event or other thing to occur on a
particular day, that event or thing is taken to occur at the beginning
of that day.
4 Meaning of port assets
(1) Port assets means any of the following:
(a) the assets, rights and liabilities of the Darwin Port Corporation;
(b) any assets, rights and liabilities of any other public sector
entity that:
(i) relate to, or are connected with, the Port of Darwin; and
(ii) are designated by the Chief Minister under section 9(2)
as port assets for this Act.
(2) Assets, rights and liabilities transferred to a public sector entity for
the purposes of an authorised transaction that were port assets
immediately before their transfer continue to be port assets after
that transfer.
(3) Assets, rights and liabilities cease to be port assets when they are
transferred (otherwise than under a lease or licence) to a private
sector entity for the purposes of an authorised transaction.
5 Act binds Crown
(1) This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
(2) This Act does not render the Crown in any of its capacities liable to
be prosecuted for an offence.
Part 2 Authorised transactions and proceeds
Port of Darwin Act 2015 5
6 Extraterritorial operation of Act
(1) It is the intention of the Legislative Assembly that the operation of
this Act should, so far as possible, include operation in relation to
the following:
(a) things situated outside the Territory, whether in or outside
Australia;
(b) acts, omissions, transactions and matters done, made,
entered into or occurring outside the Territory, whether in or
outside Australia;
(c) things, acts, omissions, transactions and matters (wherever
situated, done, made, entered into or occurring) that would,
apart from this Act, be governed or otherwise affected by the
law of the Commonwealth, another Territory, a State or a
foreign country.
(2) This section does not limit the operation of any other provision of
this Act.
Part 2 Authorised transactions and proceeds
7 Authorised transactions
(1) The transfer of port assets from the Darwin Port Corporation or any
other public sector entity to either a private sector entity or a public
sector entity is authorised subject to the following limitations:
(a) Port of Darwin land can be leased or licensed to a private
sector entity but the ownership of the freehold title to that land
must remain with a public sector entity;
(b) a lease or licence of Port of Darwin land granted to a private
sector entity cannot have a term that exceeds 99 years.
(2) For subsection (1)(b), the period of 99 years begins from and
includes the day on which the lease or licence is first granted to a
private sector entity after the commencement of this Act and
includes the term of any further lease or licence that may be
granted to a private sector entity under an option.
Part 2 Authorised transactions and proceeds
Port of Darwin Act 2015 6
(3) There are no limitations on the nature of the entities that can be
used, or on the kind of transaction arrangements that can be
entered into, for the purposes of an authorised transaction.
Examples for subsection (3)
An ownership structure involving a unit trust could be used. A transaction
arrangement involving the grant of an easement could be entered into.
(4) Port assets can be transferred for the purposes of an authorised
transaction in any manner.
(5) Without limiting subsection (4), port assets of a body corporate (the
port assets holder) can be transferred to another body corporate
by the port assets holder becoming a wholly-owned subsidiary of
the other body corporate.
(6) No compensation is payable in connection with the transfer of port
assets to a public sector entity under an authorised transaction, but
this does not prevent the transfer being for consideration.
(7) To avoid doubt, subsection (3) is not limited by section 11.
8 Proceeds of authorised transaction
(1) The proceeds of any transfer of port assets to a private sector entity
under an authorised transaction (the transaction proceeds)
belong to, and are payable directly to, the Territory.
(2) The transaction proceeds include any payment to a public sector
entity:
(a) that is a premium or periodic payment under a lease or licence
of port assets granted, or payable in respect of the grant of
any other right, to the private sector entity; and
(b) in respect of a tax, duty, fee or charge imposed by any law of
the Territory in connection with a transaction arrangement.
(3) This section does not affect the validity or enforceability of any
transaction arrangement, including one the validity of which is
dependent on the provision of valuable consideration.
Part 3 Facilitating authorised transactions
Port of Darwin Act 2015 7
Part 3 Facilitating authorised transactions
9 Chief Minister's functions
(1) The Chief Minister has, and may exercise:
(a) any functions that are necessary or convenient for the
purposes of an authorised transaction; and
(b) any other function conferred on the Chief Minister under this
Act.
(2) The Chief Minister may, by written order, designate any assets,
rights or liabilities of a public sector entity as port assets for this Act.
Example for subsection (2)
Land within, or in the vicinity of, the Port of Darwin that is vested in a public
sector entity.
(3) The Chief Minister may, by written order, designate a lease or
licence of port assets as a port assets instrument for section 23.
(4) The Chief Minister may, by written order, confirm that a specified
thing done after the completion of an authorised transaction was
done for the purposes of that transaction.
(5) An order under subsection (2), (3) or (4) is conclusive as to the
matters specified in it.
10 Manner of effecting authorised transaction
An authorised transaction must be effected as directed by the Chief
Minister and can be effected in any manner considered appropriate
by the Chief Minister.
11 Transaction companies
(1) For the purposes of an authorised transaction, the Chief Minister
may, by written order, direct that a body corporate be established
as a transaction company in any way mentioned in subsection (2).
(2) The ways are:
(a) the formation or acquisition by, or on behalf of, one or more
public sector entities of a body corporate limited by shares, so
that all the issued shares in the body corporate are held by, or
on behalf of, the public sector entity or entities; or
Part 3 Facilitating authorised transactions
Port of Darwin Act 2015 8
(b) the formation or acquisition of a body corporate as a
wholly-owned subsidiary of a transaction company.
(3) A body corporate established in accordance with a direction of the
Chief Minister under subsection (1) is a transaction company for
this Act.
(4) A transaction company that is a public sector entity may be
converted from one kind of body corporate to another.
(5) Except with the written agreement of the Chief Minister:
(a) a transaction company is not, and does not represent, the
Territory; and
(b) the liabilities of a transaction company are not guaranteed by
the Territory.
(6) The Chief Minister may act for, or on behalf of, a public sector entity
(including a transaction company that is a public sector entity) in
connection with the rights and liabilities of the public sector entity as
the holder of shares or other securities in, or issued by, a
transaction company.
(7) Shares and other securities in, or issued by, a transaction company
that is a public sector entity must not be issued, sold or transferred
except:
(a) in accordance with a direction of the Chief Minister under
section 13; or
(b) by the Chief Minister on behalf of the transaction company
under subsection (8).
(8) The Chief Minister may, on behalf of a public sector entity (including
a transaction company that is a public sector entity), enter into and
carry out a transaction arrangement for the issue, sale or transfer of
shares or other securities in, or issued by, a transaction company.
12 Functions of Darwin Port Corporation and transaction
companies
(1) The Darwin Port Corporation and each transaction company has,
and may exercise, any functions that are necessary or convenient
for the purposes of an authorised transaction.
(2) The Chief Minister may act for, or on behalf of, the Darwin Port
Corporation, or a transaction company that is a public sector entity,
in the exercise of any of its functions for the purposes of an
authorised transaction.
Part 3 Facilitating authorised transactions
Port of Darwin Act 2015 9
(3) The functions conferred by this section are in addition to any other
functions that the Darwin Port Corporation or the transaction
company has apart from this section and those other functions do
not prevent or otherwise limit the exercise of the additional
functions conferred by this section.
13 Direction and control of public sector entities
(1) A public sector entity is subject to the direction and control of the
Chief Minister in the exercise of any of its functions for the purposes
of an authorised transaction.
(2) The Chief Minister may, for the purposes of an authorised
transaction, give a written direction to a public sector entity or to a
director or other officer of a public sector entity.
Example for subsection (2)
The Chief Minister may direct a public sector entity to execute a lease.
(3) Without limiting subsection (1) or (2), a direction under this section
may:
(a) specify how the public sector entity is to conduct its business
or other affairs; or
(b) require the public sector entity to allow a transaction company
to make use of the services of any employee of that entity for
the period, or until the occurrence of an event, specified in the
direction; or
(c) require the public sector entity to do something that it could
not otherwise lawfully do or refrain from doing something that
it could not otherwise lawfully refrain from doing.
(4) The public sector entity, or the director or other officer, as the case
requires, must comply with a direction under this section.
(5) To avoid doubt, a direction under this section can only be given to a
transaction company (or to a director or other officer of the
company), and is only required to be complied with, while the
company is a public sector entity.
(6) Despite anything to the contrary in any Act, action taken by a public
sector entity, or a director or other officer of a public sector entity, to
comply with a direction under this section does not require the
consent or approval of:
(a) any other minister; or
(b) any other public sector entity; or
Part 3 Facilitating authorised transactions
Port of Darwin Act 2015 10
(c) any public sector employee or other officer of, or person
employed by, a public sector entity.
(7) A provision of any other Act specifying a procedure to be followed
in relation to a direction given by the Chief Minister or any other
minister to a public sector entity, or to a director or other officer of a
public sector entity, does not apply to a direction under this section.
(8) This section does not affect the ability of a minister to give
directions:
(a) to a GOC under the Government Owned Corporations
Act 2001; or
(b) to the Land Development Corporation under section 8(1) of
the Land Development Corporation Act 2003.
(9) However, if there is an inconsistency between a direction of the
Chief Minister under this section and a direction of a minister to
which this subsection applies (whether given before or after the
Chief Minister's direction), the Chief Minister's direction prevails to
the extent of the inconsistency.
(10) Subsection (9) applies to a direction:
(a) mentioned in subsection (8); or
(b) given under section 15 of the Darwin Port Corporation
Act 1983 before its repeal.
14 Immunity of directors and other officers
(1) A director or other officer of a public sector entity is not personally
liable for anything done or omitted to be done by the director or
officer in good faith:
(a) for the purpose of complying with a direction of the Chief
Minister under section 13; or
(b) in the reasonable belief that the act or omission was for the
purpose of complying with a direction of the Chief Minister
under section 13.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
Part 4 Vesting orders
Port of Darwin Act 2015 11
15 Interaction between this Part and Corporations Act 2001
(1) The provisions of this Part are declared to be Corporations
legislation displacement provisions for the purposes of section 5G
of the Corporations Act 2001 in relation to the provisions of the
Corporations legislation generally.
(2) In this section:
Corporations legislation means the Corporations legislation to
which Part 1.1A of the Corporations Act 2001 applies.
Part 4 Vesting orders
16 Definitions
In this Part:
transferee means an entity in which port assets are vested by a
vesting order.
transferor means an entity from which port assets are divested by
a vesting order.
17 Making of vesting order
(1) For the purposes of an authorised transaction, the Chief Minister
may, by written order (a vesting order), vest port assets in an
entity specified in the order as the transferee.
(2) To avoid doubt, a vesting order may be made:
(a) in respect of port assets that were vested in the transferor by
an earlier vesting order; and
(b) for the purposes of an authorised transaction after the
completion of that transaction.
18 Vesting of port assets in transferee
(1) When port assets are vested by a vesting order:
(a) any assets comprised in the port assets vest in the transferee
by operation of this Part and without the need for any
conveyance, transfer, assignment or assurance; and
(b) any rights and liabilities comprised in the port assets become,
by operation of this Part, rights and liabilities of the transferee;
and
Part 4 Vesting orders
Port of Darwin Act 2015 12
(c) any proceedings relating to the port assets by or against the
transferor that are pending immediately before the vesting are
taken to be proceedings pending by or against the transferee;
and
(d) the transferee has all the entitlements and obligations
(whether actual or potential) in relation to the port assets that
the transferor would have had but for the vesting; and
(e) any act, matter or thing done or omitted to be done in relation
to the port assets by, to or in respect of the transferor is (to the
extent that the act, matter or thing continues to have any force
or effect) taken to have been done or omitted by, to or in
respect of the transferee; and
(f) a reference in any Act, any instrument made under any Act or
any document of any kind to the transferor or a predecessor of
the transferor is (to the extent that it relates to the port assets)
to be read as, or as including, a reference to the transferee;
and
(g) the transferee becomes, by operation of this Part, the
successor in law of the transferor in relation to the port assets.
(2) The vesting of land that is subject to a lease is valid without an
attornment by the lessee.
(3) This section is subject to any provision made by the vesting order.
19 Terms and conditions
(1) A vesting order may be made on any terms and conditions that are
specified in the order.
(2) Without limiting subsection (1), a vesting order may:
(a) specify the consideration for which a vesting is made and the
value or values at which port assets are vested; or
(b) vest an interest in respect of land vested in the transferor
without vesting the whole of the interests of the transferor in
that land.
(3) If an interest in land vested under a vesting order is not a separate
interest, the vesting order operates to create the vested interest in
the terms specified in the order.
(4) This section does not limit any other provision of this Part.
Part 4 Vesting orders
Port of Darwin Act 2015 13
20 Certification to registration authorities
(1) A transferee or transferor may lodge with a registration authority a
certificate certifying as to any information that may reasonably be
required by the registration authority to enable the registration
authority to exercise any of its functions arising in connection with a
vesting under a vesting order.
(2) The certificate must be accepted and acted on by the registration
authority.
(3) Despite anything to the contrary in any law, the registration
authority is not entitled to require that information be provided to it
in any particular form or in any particular manner.
(4) No fee or charge is payable by the transferee or transferor to a
registration authority for or in respect of the exercise by it of any
function mentioned in subsection (1).
(5) Unless the contrary is established, a document purporting to be a
certificate given under this section is taken to be such a certificate
and to have been properly given.
(6) In this section:
registration authority means an entity that has functions under
any law in connection with the keeping of a register in respect of
assets, rights or liabilities.
21 Confirmation of vesting
(1) The Chief Minister may, by written order, confirm a vesting of
particular port assets by a vesting order.
(2) The written order is evidence of that vesting.
22 Access to vesting orders
(1) This section applies if:
(a) a person requests a copy of the whole or any part of a vesting
order from the Chief Minister; and
(b) the Chief Minister is satisfied that the person has a proper
interest in having access to the vesting order.
(2) The Chief Minister must give the person a copy of so much of the
vesting order as relates to the person's interest.
Part 5 Other arrangements related to authorised transactions
Port of Darwin Act 2015 14
Part 5 Other arrangements related to authorised
transactions
23 Effect of certain provisions of port assets instruments
(1) A provision of a port assets instrument dealing with any of the
following matters has effect as if it were a provision of this Act,
despite anything to the contrary in any law:
(a) the payment of any amount by way of premium under the
instrument, or the prepayment of amounts (including periodic
payments such as rent) under the instrument, and the
retention of those amounts by a party to the instrument or the
Territory;
(b) the circumstances or conditions under which the instrument
may be terminated by a party to it;
(c) the continuation of the instrument, including any obligation to
make periodic payments, despite unintended or unforeseen
circumstances arising including, for example, circumstances
that would otherwise result in any obligations under the
instrument:
(i) being incapable of performance; or
(ii) not being required to be performed;
(d) the amounts payable, and the rights and obligations of the
parties to the instrument, in the event of a breach or
termination of the instrument;
(e) the non-refundability in any circumstances (including the
termination of the instrument) of any amount paid on account
of rent, licence fee, premium, option fee, outgoings, security
deposit or otherwise;
(f) the entitlement to, or the retention or application of, security;
(g) the payment of a sum that is in the nature of a penalty;
(h) the ownership of, or the vesting or forfeiture of ownership of,
any real or personal property on termination of the instrument
or on the occurrence of some other specified event or other
thing;
(i) the liability of any party to the instrument in relation to the port
assets;
Part 5 Other arrangements related to authorised transactions
Port of Darwin Act 2015 15
(j) the operation of any set-off.
(2) In this section:
port assets instrument means:
(a) a lease or licence of port assets entered into for the purposes
of an authorised transaction; or
(b) a lease or licence of port assets that is designated by the
Chief Minister under section 9(3) as a port assets instrument
for this section.
24 Direction to grant, issue or transfer relevant authorisation
(1) The Chief Minister may give a direction to a public sector entity for
or with respect to the grant or issue of any relevant authorisation, or
the transfer of any relevant authorisation, to a new port operator.
(2) Without limiting subsection (1), a direction may do any of the
following:
(a) require the grant, issue or transfer to be done without an
application being made or determined;
(b) displace or modify any provision of a relevant law in its
application to the grant, issue or transfer;
(c) specify the terms, conditions or endorsements subject to
which the relevant authorisation is to be granted, issued or
transferred or that are to be attached to it.
(3) A direction for the grant or issue of a relevant authorisation may
only require the grant or issue of an authorisation that:
(a) will replace a relevant authorisation that is in force
immediately before the grant or issue; and
(b) is subject to terms, conditions or endorsements that are the
same, or are to substantially the same effect, as those to
which the replaced relevant authorisation is subject.
(4) The Chief Minister must consult with a public sector entity before
giving a direction to it under this section.
(5) A public sector entity exercising functions under a relevant law must
comply with a direction under this section.
(6) This section does not prevent a relevant authorisation being vested
in a new port operator under a vesting order.
Part 5 Other arrangements related to authorised transactions
Port of Darwin Act 2015 16
(7) In this section:
relevant law means any Act or statutory instrument under which
the Darwin Port Corporation held a relevant authorisation
immediately before the commencement of this Act.
25 Provisions relating to grant, issue or transfer of relevant
authorisation
(1) A relevant authorisation granted, issued or transferred to the
Darwin Port Corporation or to a new port operator may not be
suspended or cancelled on the ground of:
(a) the conversion of the Darwin Port Corporation or the new port
operator into a different kind of entity; or
(b) any change in officers or shareholders resulting from that
conversion or under a transaction arrangement.
(2) Subsection (3) applies to anything done by the Darwin Port
Corporation in relation to port assets in compliance with a term,
condition or endorsement of a relevant authorisation.
(3) The thing is to be taken to have been done by a new port operator
for the purposes of any corresponding term, condition or
endorsement of a relevant authorisation granted, issued or
transferred to the new port operator under section 24.
26 Severance of fixtures
(1) This section applies to any fixtures that are:
(a) owned by the Darwin Port Corporation or another public sector
entity; and
(b) situated on land owned by the Darwin Port Corporation or
another public sector entity.
(2) For the purposes of an authorised transaction, the Chief Minister
may, by written order, direct that specified fixtures are severed from
the land on which they are situated.
(3) The effect of an order under subsection (2) is that the fixtures are
severed from the land, and may be dealt with as personal property
separate from the land, for the purposes of an authorised
transaction.
Part 6 Miscellaneous matters
Port of Darwin Act 2015 17
(4) An order under subsection (2) may provide for or with respect to:
(a) the right for the fixture to continue to be situated on the land;
or
(b) any right to do anything on that land in relation to the fixture.
27 No relief against forfeiture
(1) Relief against forfeiture of a sublease of port assets (whether under
section 138 or 139 of the Law of Property Act 2000 or any other law
of the Territory) is not available if the sublease is being terminated
as a consequence of the lawful termination of the head lease of
those port assets.
(2) This section only applies to a sublease granted for the purposes of
an authorised transaction.
28 Crown Lands Act 1992 not to apply to lease or licence
The Crown Lands Act 1992 does not apply to a lease or licence of
port assets entered into for the purposes of an authorised
transaction.
Part 6 Miscellaneous matters
29 Excluded matter for Corporations Act 2001
Any act or omission of the Chief Minister under this Act is declared
to be an excluded matter for the purposes of section 5F of the
Corporations Act 2001 in relation to Chapter 2D of that Act.
30 General relationship of Act with other provisions
(1) The following provisions do not operate to prevent, restrict or
otherwise limit the carrying out of a transaction arrangement or the
exercise of a function for the purposes of an authorised transaction:
(b) any provision of the Government Owned Corporations
Act 2001;
(c) any provision of the Land Development Corporation Act 2003;
(d) any provision of the constitution of a GOC or a subsidiary of a
GOC.
Part 6 Miscellaneous matters
Port of Darwin Act 2015 18
(2) The Information Act 2002 does not apply to anything done:
(a) under a direction of the Chief Minister given under this Act or a
vesting order or otherwise for the purposes of an authorised
transaction; and
(b) that is, or involves, a disposal (as defined in section 4 of the
Information Act 2002) of a record (as defined in that section)
to a transaction company.
(3) If there is an inconsistency between a provision of this Act or the
regulations and a provision of any other law of the Territory that is
prescribed by the regulations as an inconsistent provision for this
section, the provision of this Act or the regulations (as the case
requires) prevails to the extent of the inconsistency.
31 Compensation not payable
(1) Compensation is not payable by or on behalf of the Crown, a public
sector entity or an officer, employee or agent of the Crown or of a
public sector entity:
(a) because of the enactment, commencement or operation of
this Act or the making, commencement or operation of any
statutory instrument made under this Act (including a statutory
instrument that amends this Act); or
(b) for any consequence of that enactment, making,
commencement or operation; or
(c) for any statement or conduct relating to that enactment or
making.
(2) This section does not extend to compensation payable under a
transaction arrangement to a party to the arrangement in
connection with the performance of obligations under it.
(3) In this section:
compensation includes damages and any other form of monetary
compensation.
conduct includes any act or omission, whether unconscionable,
misleading, deceptive or otherwise.
Crown, see section 4 of the Crown Proceedings Act 1993.
operation of this Act includes the operation of any agreement
entered into under, or for, this Act or any statutory instrument made
under this Act.
Part 6 Miscellaneous matters
Port of Darwin Act 2015 19
statement includes a representation of any kind:
(a) whether made orally or in writing; and
(b) whether negligent, false, misleading or otherwise.
32 Effect of things done under Act
(1) This section applies to the following:
(a) the enactment, commencement or operation of this Act or the
making, commencement or operation of any statutory
instrument made under this Act (including a statutory
instrument that amends this Act);
(b) a transfer of port assets for the purposes of an authorised
transaction, including under a vesting order;
(c) the entering into of, or performance of obligations by a public
sector entity under, a transaction arrangement;
(d) a disclosure of information by, on behalf of or with the consent
or approval of, a public sector entity for the purposes of an
authorised transaction;
(e) the doing, or omitting to do, of any other act, matter or thing
under, or for, this Act or any statutory instrument made under
this Act.
(2) The acts, matters or things to which this section applies:
(a) are not to be regarded as placing any person in breach of
contract or confidence or as otherwise making any person
guilty of a civil wrong; or
(b) are not to be regarded as placing any person in breach of, or
as constituting a default under:
(i) any law of the Territory; or
(ii) any provision in any agreement, arrangement or
understanding including, but not limited to, any provision
prohibiting, restricting or regulating the assignment or
transfer of any property or the disclosure of any
information; or
(c) are not to be regarded as fulfilling any condition which allows
a person to exercise a right or remedy in respect of, or to
terminate, any agreement or obligation; or
Part 6 Miscellaneous matters
Port of Darwin Act 2015 20
(d) are not to be regarded as giving rise to any remedy for a party
to a contract or an instrument or as causing or permitting the
termination of any contract or instrument because of a change
in the beneficial or legal ownership of any property, right or
liability; or
(e) are not to be regarded as causing any contract or instrument
to be void or otherwise unenforceable; or
(f) are not to be regarded as frustrating any contract; or
(g) do not release any surety or other obligee wholly or in part
from any obligation.
33 Delegation
The Chief Minister may delegate any of the Chief Minister's
functions under this Act to the Treasurer or any other minister.
34 Orders
(1) An order made under this Act takes effect at the beginning of the
day on which it is made or any later time specified in the order.
(2) A document purporting to be an order made under this Act is,
unless the contrary is established, taken to be such an order and to
have been properly made.
(3) A certificate purporting to be signed by the Chief Minister or an
officer prescribed by regulation certifying that an order mentioned in
the certificate is an order made under a specified provision of this
Act is admissible in evidence in any legal proceedings and is
evidence of the matters certified.
35 Regulations
The Administrator may make regulations under this Act.
36 Amendment or modification of operation of Act by regulation
(1) The Administrator may make a regulation that amends, or modifies
the operation of, this Act (other than this section) in relation to any
matter arising from, connected with or consequential on an
authorised transaction.
(2) A regulation made under subsection (1) may be expressed to have
taken effect on a day earlier than the day on which it is made, other
than a day earlier than the day on which this section commences.
Part 6 Miscellaneous matters
Port of Darwin Act 2015 21
(3) The Administrator may only make a regulation under subsection (1)
before the completion of the authorised transaction.
ENDNOTES
Port of Darwin Act 2015 22
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Port of Darwin Act 2015 (Act No. 10, 2015)
Assent date 22 May 2015
Commenced 9 June 2015 (Gaz S57, 9 June 2015)
Ports Legislation Amendment Act 2020 (Act No. 20, 2020)
Assent date 1 July 2020
Commenced 30 July 2020 (Gaz G30, 29 July 2020, p )
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 3, 13, 27, 28, 30 and 31.
4 LIST OF AMENDMENTS
s 3 amd No. 20, 2020, s 45
s 13 amd No. 20, 2020, s 45
s 30 amd No. 20, 2020, s 45