Ports and Maritime Administration Regulation 2021
59Cancellation of time zones
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59 Cancellation of time zones
59 Cancellation of time zones
(1) The mandatory standards may provide for the cancellation of time zones by a stevedore, including—
(a) restrictions on cancellation, and
(b) requirements for the giving of notice of cancellation.
(2) If a stevedore cancels a time zone, whether or not in contravention of the mandatory standards, a carrier who had a booking in the cancelled time zone is not liable to pay the stevedore a booking fee for the booking.
(3) If a stevedore cancels a time zone in contravention of the mandatory standards—
(a) the stevedore is liable to pay the financial penalty specified in subsection (4) to each carrier who had a booking with the stevedore in the cancelled time zone, and
(b) the stevedore must make another slot available for booking by each of the carriers that is in a time zone no later than 36 hours after the cancelled time zone, and
(c) 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 booking during the 36 hours after the cancelled time zone.
(4) The financial penalty payable by a stevedore under subsection (3) is—
(a) if the carrier was given notice of the cancellation as required by the mandatory standards at least 2 hours before the start of the time zone—$50 for each booking that the carrier had in the time zone, and
(b) if the carrier was not given the notice at least 2 hours before the start of the time zone—$100 for each booking that the carrier had in the time zone, and
(5) 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.
(6) 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.
(7) A stevedore must make another slot available for booking by a carrier as required by subsection (3)(b).
Maximum penalty—100 penalty units.