62Regulation of charges

62 Regulation of charges

62 Regulation of charges

(1) The Minister may, by written direction to a stevedore or stevedore service provider, regulate the charges that may be imposed by the stevedore or stevedore service provider for or in connection with the operation or provision of facilities or services of the port-related supply chain at Port Botany.

(2) Without limiting subsection (1), a direction may—

(a) regulate the charges that may be imposed for or in connection with truck servicing, rail servicing or the storage of containers, and

(b) require the giving of notice to the Minister of the imposition of a new charge or an increase in the amount of an existing charge, and

(c) require a stevedore or stevedore service provider to give the Minister or TfNSW information about charges imposed, or proposed to be imposed or increased, by the stevedore or stevedore service provider.

(3) A stevedore or stevedore service provider is not entitled to impose, collect or recover a charge in contravention of a direction under this section.

(4) If a person paid a charge that was imposed on the person in contravention of a direction under this section, the charge may be recovered by the person as a debt due from the person to whom it was paid.

(5) A stevedore or stevedore service provider must not impose a charge in contravention of a direction under this section.

Maximum penalty—500 penalty units.

(6) A stevedore or stevedore service provider must comply with a direction to give notice or provide information as referred to in subsection (2)(b) or (c).

Maximum penalty—100 penalty units.

(7) A person must not, in purported compliance with a direction under this section, provide information that the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.