86Pilotage services contracts

86 Pilotage services contracts (1) The Minister may enter into a contract with a pilotage services provider in relation to the provision of pilotage services by that provider. (2) Despite anything to the contrary in the Procurement Act 1995 or any other Act, a pilotage services contract may be entered into without a competitive tender process having been undertaken. (3) A pilotage services contract may (but need not) appoint the pilotage services provider to provide pilotage services on an exclusive basis within the relevant pilotage area. (4) A pilotage services contract may be entered into for any term, and contain any terms or conditions, that the Minister thinks fit. (5) Without limiting subsections (1), (3) and (4), a pilotage services contract may: (a) specify the level of pilotage services to be provided under the contract; and (b) set out performance standards, and quality assurance programs, for pilotage services to be provided under the contract; and (c) specify the amount of consideration to be paid to the Minister by the pilotage services provider under the contract; and (d) require the pilotage services provider to keep records of the pilotage services provided by the provider and the amounts charged and paid in respect of those services; and (e) empower the Minister and any person authorised by the Minister to inspect those records; and Ports Management Act 2015 74 (f) require the pilotage services provider to provide information, as and when the Minister requires, as to the costs incurred by the provider in providing pilotage services for the pilotage area concerned; and (g) empower the Minister to terminate or suspend the contract: (i) on the ground that the pilotage services provider is unable to provide pilotage services at the level mentioned in paragraph (a); or (ii) on the ground that the pilotage services provider has contravened the marine legislation or the Marine Safety National Law; or (iii) on any other specified ground.