South Australia regulation

South Australian Ports (Disposal of Maritime Assets) Regulations 2012

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations set who sits on and how the Port Adelaide Container Terminal Monitoring Panel operates: which organisations nominate members, who must preside, quorum and voting rules, and they revoke the 2007 regulations. They affect nominated industry, union and Commonwealth representatives and the Minister who appoints members. The instrument says it enables monitoring of terminal operations; mechanically it concentrates appointment choice with the Minister (r.4), creates time and administrative obligations for nominees, and removes voting rights from certain nominated members (r.5(5)).

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Current sections

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South Australian Ports (Disposal of Maritime Assets) Regulations 2012

South Australia South Australian Ports (Disposal of Maritime Assets) Regulations 2012 under the South Australian Ports (Disposal of Maritime Assets) Act 2000

Contents 1 Short title 2 Commencement 3 Interpretation 4 Membership of panel (section 21 of Act) 5 Procedures of panel (section 22 of Act) Schedule 1—Revocation of South Australian Ports (Disposal of Maritime Assets) Regulations 2007 Legislative history

1—Short title These regulations may be cited as the South Australian Ports (Disposal of Maritime Assets) Regulations 2012. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the South Australian Ports (Disposal of Maritime Assets) Act 2000; panel means the Port Adelaide Container Terminal Monitoring Panel; port of Port Adelaide means the Port Adelaide port as constituted under the Harbors and Navigation Act 1993; port operator has the same meaning as in the Harbors and Navigation Act 1993. 4—Membership of panel (section 21 of Act) (1) The panel will consist of the following persons appointed by the Minister: (a) a nominee of the South Australian Freight Council Incorporated; (b) a nominee of the port operator of the port of Port Adelaide; (c) a nominee of the operator of the Port Adelaide Container Terminal (being a person who works in South Australia); (d) a nominee of Shipping Australia Limited; (e) a nominee of The South Australian Road Transport Association Incorporated; (f) a nominee of Customs Brokers and Forwarders Council of Australia Inc; (g) a nominee of the South Australian Employers' Chamber of Commerce and Industry Inc (Business SA); (h) a nominee of the Commonwealth Minister responsible for the administration of the Customs Act 1901 of the Commonwealth; (i) a nominee of the Commonwealth Minister responsible for the administration of the Quarantine Act 1908 of the Commonwealth; (j) a nominee of The Maritime Union of Australia (being a person who works at the Port Adelaide Container Terminal); (k) a nominee of the Australian Maritime Officers Union (being a person who works at the Port Adelaide Container Terminal); (l) 1 or 2 persons selected by the Minister to represent the interests of importers and exporters in South Australia. (2) If the Minister selects 2 persons under subregulation (1)(l), 1 must represent the interests of importers, and the other the interests of exporters, in South Australia. 5—Procedures of panel (section 22 of Act) (1) The member appointed on the nomination of the South Australian Freight Council Incorporated (or an alternate member acting for that member) must preside at meetings of the panel. (2) A quorum of the panel consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1 and must include— (a) the member appointed on the nomination of the South Australian Freight Council Incorporated (or the relevant alternate member); and (b) the member appointed on the nomination of the port operator of the port of Port Adelaide (or the relevant alternate member); and (c) the member appointed on the nomination of the operator of the Port Adelaide Container Terminal (or the relevant alternate member); and (d) 2 other members (or the relevant alternate members) entitled to vote on a question arising for decision by the panel. (3) A decision carried by the majority of the votes cast by the members present at a meeting of the panel is a decision of the panel. (4) Subject to subregulation (5), each member of the panel is entitled to 1 vote on a question arising for decision by the panel. (5) The following members (and their alternates) are not entitled to vote: (a) the member appointed on the nomination of the port operator of the port of Port Adelaide; (b) the member appointed on the nomination of the operator of the Port Adelaide Container Terminal; (c) the member appointed on the nomination of The Maritime Union of Australia; (d) the member appointed on the nomination of the Australian Maritime Officers Union. Schedule 1—Revocation of South Australian Ports (Disposal of Maritime Assets) Regulations 2007 The South Australian Ports (Disposal of Maritime Assets) Regulations 2007 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2012 225 Gazette 8.11.2012 p4961 8.11.2012: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 South Australian Ports (Disposal of Maritime Assets) Regulations 2012

South Australia South Australian Ports (Disposal of Maritime Assets) Regulations 2012 under the South Australian Ports (Disposal of Maritime Assets) Act 2000

1—Short title These regulations may be cited as the South Australian Ports (Disposal of Maritime Assets) Regulations 2012. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the South Australian Ports (Disposal of Maritime Assets) Act 2000; panel means the Port Adelaide Container Terminal Monitoring Panel; port of Port Adelaide means the Port Adelaide port as constituted under the Harbors and Navigation Act 1993; port operator has the same meaning as in the Harbors and Navigation Act 1993. 4—Membership of panel (section 21 of Act) (1) The panel will consist of the following persons appointed by the Minister: (a) a nominee of the South Australian Freight Council Incorporated; (b) a nominee of the port operator of the port of Port Adelaide; (c) a nominee of the operator of the Port Adelaide Container Terminal (being a person who works in South Australia); (d) a nominee of Shipping Australia Limited; (e) a nominee of The South Australian Road Transport Association Incorporated; (f) a nominee of Customs Brokers and Forwarders Council of Australia Inc; (g) a nominee of the South Australian Employers' Chamber of Commerce and Industry Inc (Business SA); (h) a nominee of the Commonwealth Minister responsible for the administration of the Customs Act 1901 of the Commonwealth; (i) a nominee of the Commonwealth Minister responsible for the administration of the Quarantine Act 1908 of the Commonwealth; (j) a nominee of The Maritime Union of Australia (being a person who works at the Port Adelaide Container Terminal); (k) a nominee of the Australian Maritime Officers Union (being a person who works at the Port Adelaide Container Terminal); (l) 1 or 2 persons selected by the Minister to represent the interests of importers and exporters in South Australia. (2) If the Minister selects 2 persons under subregulation (1)(l), 1 must represent the interests of importers, and the other the interests of exporters, in South Australia. 5—Procedures of panel (section 22 of Act) (1) The member appointed on the nomination of the South Australian Freight Council Incorporated (or an alternate member acting for that member) must preside at meetings of the panel. (2) A quorum of the panel consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1 and must include— (a) the member appointed on the nomination of the South Australian Freight Council Incorporated (or the relevant alternate member); and (b) the member appointed on the nomination of the port operator of the port of Port Adelaide (or the relevant alternate member); and (c) the member appointed on the nomination of the operator of the Port Adelaide Container Terminal (or the relevant alternate member); and (d) 2 other members (or the relevant alternate members) entitled to vote on a question arising for decision by the panel. (3) A decision carried by the majority of the votes cast by the members present at a meeting of the panel is a decision of the panel. (4) Subject to subregulation (5), each member of the panel is entitled to 1 vote on a question arising for decision by the panel. (5) The following members (and their alternates) are not entitled to vote: (a) the member appointed on the nomination of the port operator of the port of Port Adelaide; (b) the member appointed on the nomination of the operator of the Port Adelaide Container Terminal; (c) the member appointed on the nomination of The Maritime Union of Australia; (d) the member appointed on the nomination of the Australian Maritime Officers Union. Schedule 1—Revocation of South Australian Ports (Disposal of Maritime Assets) Regulations 2007 The South Australian Ports (Disposal of Maritime Assets) Regulations 2007 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2012 225 Gazette 8.11.2012 p4961 8.11.2012: r 2