10Port operating agreements

10 Port operating agreements (1) Without limiting section 9, a port operating agreement for a designated port may require the port operator or a port lessee to do all or any of the following: (a) meet specified standards in the performance of functions; (b) develop the port, or cause it to be developed, in a specified manner; (c) give information of a specified kind to the Minister or an entity specified by the Minister. (2) Subsections (3) and (4) apply if: (a) a provision of a port operating agreement provides for a payment to be made by the port operator or a port lessee or a deduction to be made from the amount of a payment otherwise payable to the port operator or a port lessee: (i) for a failure by the port operator or port lessee to meet a performance standard specified in the agreement; or (ii) for conduct engaged in by the port operator or port lessee that causes or materially contributes to, or is reasonably likely to cause or materially contribute to, a safety incident of a kind specified in the agreement; and (b) that provision is described in the port operating agreement as a civil penalty provision for this Act.

Ports Management Act 2015 9 (3) A civil penalty provision may fix different amounts of payments or deductions for different classes of failures or in relation to different kinds of safety incidents. (4) The port operator or a port lessee is liable to pay (as a debt due to the Territory), or ceases to be entitled to be paid, the amount provided for by a civil penalty provision despite anything to the contrary in a law of the Territory.