139Nature of step-in rights

139 Nature of step-in rights (1) A step-in right is the right of the regional harbourmaster for a designated port: (a) to direct, orally or in writing, the port operator of the port to exercise a relevant function in the manner, and within the period, specified in the direction; and (b) if the port operator fails to comply with the direction without a reasonable excuse – to exercise the relevant function that the port operator failed to exercise. (2) For subsection (1)(a), the regional harbourmaster must confirm in writing as soon as practicable a direction that is given orally. (3) For subsection (1)(b), the regional harbourmaster may exercise the relevant function as if the regional harbourmaster were the port operator of the designated port. (4) To enable the regional harbourmaster to exercise the relevant function, the regional harbourmaster, accompanied by any assistants the regional harbourmaster requires, may: (a) enter any land or premises occupied by the port operator; and (b) gain access to, and operate, any computer or other equipment or facilities on the premises; and (c) require any person who is on the premises: (i) to provide access to, or to operate, any computer or other equipment or facilities; and (ii) to give any other assistance that the regional harbourmaster reasonably requires. (5) The regional harbourmaster may require a port management officer for the designated port to exercise, in the manner required by the regional harbourmaster, any function the officer has under this or any other Act. (6) If a port management officer fails to comply with a requirement under subsection (5), the regional harbourmaster may exercise the function as if the regional harbourmaster were the port management officer. (7) The regional harbourmaster may exercise a relevant function irrespective of whether the port operator has been charged with, or found guilty, of an offence against section 141(1).

Ports Management Act 2015 104