85Minister may appoint pilotage services provider

85 Minister may appoint pilotage services provider (1) The Minister may appoint a person to be a pilotage services provider for a pilotage area. (2) The Minister may appoint a person under subsection (1) only if satisfied that: (a) the person has the necessary capability to provide pilotage services by one or more licensed pilots in the pilotage area; and (b) in providing pilotage services in the pilotage area, each of the licensed pilots would be under the control of the person and be: (i) employed or engaged by the person; or (ii) in prescribed circumstances, employed or engaged by an entity specified in the regulations; and (c) the person is a suitable person to be appointed; and (d) the person meets any prescribed requirements. (3) In considering whether a person is a suitable person for subsection (2)(c), the Minister must take into account all of the following matters: (a) whether the person has ever been: the Commonwealth, a State or another Territory that is punishable by imprisonment for more than 12 months; or (b) whether, in the immediately preceding 10 years: (i) the person has been found guilty of an offence against a law of the Territory, the Commonwealth, a State or another Territory; or (ii) the person has been a director of, or involved in the management of, a body corporate that was found guilty of such an offence;

Ports Management Act 2015 72 (c) whether the person has been a director of, or involved in the management of, a body corporate that was wound up in the immediately preceding 2 years or is in the process of being wound up; (d) whether the person has ever: (i) become bankrupt; or (ii) applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or (iii) compounded with creditors or made an assignment of the person's remuneration for their benefit; (e) whether the person is a body corporate that is under administration, is in the process of being wound up or has executed a deed of company arrangement that is in force. (4) The appointment has effect: (a) subject to any conditions specified in the appointment and in any pilotage services contract entered into between the Minister and the appointee; and (b) for the term specified in the appointment unless it is terminated at an earlier time: (i) under section 89; or (ii) in accordance with the terms of a contract mentioned in paragraph (a). (5) Subsection (4) does not prevent the reappointment of the appointed person under subsection (1). (6) The regulations may provide for the following matters: (a) requirements for subsection (2)(d) including, for example: (i) safety requirements; and (ii) the qualifications of persons providing the service; and (iii) the requirement to pay any fees or charges; (b) the conditions that may be specified under subsection (4)(a) including, for example, conditions about: (i) the pilotage services provider's insurance coverage; and

Ports Management Act 2015 73 (ii) the pilotage services provider's capability for providing pilotage services; and (iii) the qualifications of persons to provide the service; and (iv) the provision of reports to the Minister about the performance of the pilotage services provider; (c) matters that may be considered by the Minister when specifying the conditions; (d) any other matters arising from this section.