39Enforcement of port operator directions

39 Enforcement of port operator directions

39 Enforcement of port operator directions

(1) A person must comply with a port operator direction, except to the extent that compliance would result in the contravention of a requirement imposed by or under an Act.

Maximum penalty—30 penalty units.

(2) The port operator may enforce compliance with a port operator direction in any of the following ways—

(a) by removing from the port any person who is contravening the direction,

(b) by removing from the port or moving within the port any vehicle that is stopped or parked in contravention of the direction,

(c) by removing from the port or moving within the port any goods stored in contravention of the direction,

(d) by carrying out any work at the port 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 the port includes the power to place the vehicle or goods in secure storage pending return of the vehicle or goods to their owner.

(4) The port operator is entitled to recover as a debt the reasonable costs incurred by the port operator in enforcing compliance with a port operator direction. Those costs are recoverable from the person whose contravention of the direction resulted in those costs being incurred.

(5) A certificate issued by the port operator certifying as to the reasonable costs incurred by the port operator in enforcing compliance with a port operator direction is evidence of the matters certified.

(6) Anything done by or on behalf of a port operator reasonably and in good faith to enforce compliance with a port operator direction as permitted by this Division does not subject the port operator or any other person to any action, liability, claim or demand.

s 39: Am 2006 No 58, Sch 1.22 [4]. Rep 2011 No 41, Sch 2 [7]. Ins 2012 No 101, Sch 6.3 [5]. Am 2024 No 67, Sch 2[44].