40DMonitoring of port operator directions

#### 40D Monitoring of port operator directions 40D Monitoring of port operator directions > > (1) The port operator of a private port 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 2013) 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 operator, > > > > > (b) any port operator direction given by the port operator ceasing to have effect, > > > > > (c) any contravention of which the port operator is aware of a port operator direction given by the port operator, > > > > > (d) any exercise by the port operator of the power under section 40A to enter land or premises, > > > > > (e) any action taken by the port operator to enforce compliance with a port operator direction (being action authorised to be taken under this Part). > > > (2) The port operator must also provide details of reportable matters to the Minister as and when directed to do so by the Minister by notice in writing to the port operator. The notice must allow not less than 21 days for compliance with the direction. > > > (3) Information required to be provided by or under this section must be provided in such manner and form as the Minister may from time to time direct by notice in writing to the port operator. > > > (4) The Minister may from time to time publish reports and statements, based on information provided to the Minister under this section 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 operator with a copy of the proposed report or statement at least 14 days before it is published. > > > (5) 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. > > **ss 40B–40D:** Ins 2012 No 101, Sch 6.3 \[5\].