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\[44\].