58Cancellation of bookings

58 Cancellation of bookings

58 Cancellation of bookings

(1) The mandatory standards may provide for the cancellation of bookings by a stevedore, including—

(a) restrictions on cancellation, and

(b) requirements for the giving of notice of cancellation.

(2) If a stevedore cancels a carrier’s booking in contravention of the mandatory standards—

(a) the stevedore is liable to pay the carrier a financial penalty of $100, and

(b) the stevedore must make another slot available for booking by the carrier in a time zone that is no later than 36 hours after the time zone for the cancelled booking, and

(c) the carrier is not liable to pay the stevedore a booking fee for the cancelled booking, and

(d) the carrier is not liable to pay the stevedore storage charges that would otherwise be payable for the storage of cargo in connection with the cancelled booking during the 36 hours after the time zone for the cancelled booking.

(3) A carrier is entitled to the repayment of a fee or charge already paid by the carrier that the carrier is not liable to pay because of this section.

(4) A stevedore must not demand or accept payment from a carrier of a fee or charge that the carrier is not liable to pay because of this section.

Maximum penalty—100 penalty units.

(5) A stevedore must make another slot available for booking by a carrier as required by subsection (2)(b).

Maximum penalty—100 penalty units.