delivering victorian infrastructure (port of melbourne ...file/581014bi1.docx · web...

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Bill 2015

TABLE OF PROVISIONSClause Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 33 Definitions 34 Meaning of port assets 65 Meaning of transfer 76 Words and expressions defined in Corporations Act 87 Associated assets 88 Functions for the purposes of an authorised transaction 89 Act to bind the Crown 910 Extraterritorial operation of Act 9

Part 2—Authorised transactions 10

Division 1—Transfer of port assets 10

11 Authorised transfer of port assets 1012 Proceeds of transaction 11

Division 2—The Victorian Transport Fund 13

13 Victorian Transport Fund 1314 Payments into the Fund 1315 Payments out of the Fund 1416 Delegation of power to authorise payments 14

Part 3—Facilitating authorised transactions 15

Division 1—Premier's functions 15

17 Premier's functions 1518 Manner of effecting authorised transaction 15

Division 2—Functions of the Port Corporation 15

19 Additional functions of the Port Corporation 1520 Direction and control of the Port Corporation 1621 Immunity of directors and officers of the Port Corporation 16

PARLIAMENT OF VICTORIA

581014B.I-26/5/2015 BILL LA INTRODUCTION 26/5/20151

5

10

15

20

25

Division 3—Transaction entities 17

22 Establishment of statutory corporations as transaction entities 1723 Establishment of companies as transaction entities 1924 Designation of subsidiary company of the Port Corporation

as transaction entity 1925 Transaction entity does not represent the State 2026 Functions of transaction entities 2027 Direction and control of transaction entities 2028 Immunity of directors and officers of transaction entity 21

Part 4—Arrangements for transfer of port assets 23

Division 1—Transfer orders 23

29 Making of transfer orders 2330 Vesting of assets, rights and liabilities in transferee 2331 Terms and conditions of transfer order 2432 Consideration for vesting 2433 Transfer subject to encumbrances 2434 Substitution of party to agreement 2535 Transfer of interests in land 2536 Transfer of rights and interests in vehicles and recreational

vessels 2637 Confirmation of vesting 2638 Determinations by Premier 2639 Amendment of Land Titles Register 2740 Amendment of VicRoads vehicles register 2741 Evidence 28

Division 2—Grant of relevant authorisations 28

42 Grant of relevant authorisations 28

Part 5—Arrangements relating to transfer of Port Corporation staff 31

43 Definitions 3144 Meaning of employment guarantee period 3345 Designation of a private sector employer 3346 Temporary transfers (secondments) 3347 Transfers to private sector employment of Port Corporation

executive employees 3448 Limitation on changes to terms and conditions of transferred

employees 3449 Continuity of entitlements of transferred employees 36

Part 6—Crown land for the purposes of authorised transactions 38

Division 1—Application of Part 38

50 Land Acts and certain land provisions do not apply 38

5

10

15

20

25

30

35

40

Division 2—Removal of reservations on land 38

51 Revocation of reservations 3852 Revocation of reservations—part of reservation 3853 Effect of revocation of reservation 3954 Preservation of leases and licences 40

Division 3—Leasing and licensing of Crown land 42

55 Grant of lease or licence of Crown land for the purposes of an authorised transaction 42

Part 7—General 45

Division 1—General matters relating to authorised transactions 45

56 Severance of fixtures 4557 Protection of contractual and other obligations 4658 Compensation not payable 4759 Port of Melbourne leases 48

Division 2—Operation of other laws 50

60 Excluded matter for Corporations Act 5061 State taxes and fees 5162 Application of Borrowing and Investment Powers Act 1987 5263 Operation of Public Administration Act 2004 5264 Operation of State Owned Enterprises Act 1992 5265 Operation of Transport Integration Act 2010 5366 No land tax is payable 5367 Rates under Local Government Act 1989 5368 Inconsistency with prescribed legislation 5369 Competition and Consumer Act and Competition Code 53

Division 3—Miscellaneous 56

70 Delegation 5671 Orders 57

Division 4—Regulations 57

72 Regulations 57

Part 8—Transaction-related amendments 58

Division 1—Amendment of Transport Integration Act 2010 58

73 Definition 5874 Object of Port of Melbourne Corporation 5875 Functions of Port of Melbourne Corporation 5976 New section 141EA inserted 6277 Dredging by Port of Melbourne Corporation 62

5

10

15

20

25

30

35

Division 2—Amendment of Port Management Act 1995 62

78 Definitions 6279 Owner of vessel or cargo 6480 New section 4A inserted 6481 Accountability for damage 6482 Liability of certain persons 6583 New section 44H substituted and new sections 44HAA and

44HA inserted 6584 Notice of annual licence fee 6785 Method of payment of annual licence fee 6886 New sections 44M and 44N inserted 6887 Definitions 7088 Application of Part 7389 New section 48 substituted and new section 48A inserted 7490 Price regulation—prescribed services 7591 New Division 2 of Part 3 inserted 7792 New Divisions 2A and 2B of Part 3 inserted 8293 New Division 3 heading substituted 9094 Repeal of section 53 9095 General power to make determinations 9096 New Division heading inserted 9197 New section 54A inserted 9298 Standards and conditions of service and supply 9299 New Division heading inserted 92100 Division 5 of Part 3 substituted 93101 New Division 6 of Part 3 inserted 98102 Towage requirements determination 98103 Process for making a towage requirements determination 99104 Determination of towage conditions 100105 Limitation on making towage conditions determinations 100106 Process for making towage conditions determination 101107 New sections 74AA and 74AB inserted 101108 Wharfage fees—port of Melbourne 102109 Channel fees 104110 Payment of wharfage and channel fees 105111 Interest on overdue payments 106112 Security for payment of wharfage and channel fees 106113 Liability of current owners and agents 106114 Waiver or refund of wharfage or channel fees 106115 Definitions for the purposes of Part 5A 107116 Making a declaration of restricted access area 107117 Effect of declaration 107118 Pollution abatement by Port of Melbourne Corporation 107119 New section 88JA inserted 108120 Recovery of costs of clean up by Port of Melbourne

Corporation 108

5

10

15

20

25

30

35

40

45

121 New section 88KA inserted 109122 Hazardous port activity notice 109123 New section 88P substituted 110124 Removal of things 110125 Powers when moving things 111126 Requirement to make enquiries as to owner of thing 111127 Disposal of thing 111128 Recovery of costs 112129 Payment of compensation 112130 Proceeds of disposal where owner not located 112131 New Part 5C inserted 113132 New section 91BA inserted 125133 Port manager's responsibilities for management plans 126134 Safety and environment management plans 126135 Audits of compliance 126136 Ministerial directions 127137 Reporting 127138 Definitions for the purposes of Part 6B 127139 Port Development Strategy 127140 Regulations 127

Division 3—Amendment of Marine Safety Act 2010 128

141 Definitions 128142 Principle of shared responsibility 128143 New Part 2.2A inserted 128144 New section 200 substituted 130145 Offence to fail to comply with standard determined under

this Part 130146 New Part 5.2A inserted 131147 Provision or maintenance of navigation aids by Safety

Director 133148 Recovery of costs 133149 Acquisition of land 133

Division 4—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988 134

150 Definitions 134

Division 5—Amendment of Essential Services Commission Act 2001 134

151 Definitions 134152 Order declaring a regulated industry 135153 Right of appeal 135154 Appeal panel 137

Division 6—Amendment of Land Act 1958 138

155 Definitions for the purposes of Part XII 138

5

10

15

20

25

30

35

40

156 Crown property in beds and banks of certain watercourses 138

Division 7—Repeal of amending Part 139

157 Repeal of amending Part 139

Part 9—Port of Melbourne Corporation name change amendments 140

Division 1—Amendment of Transport Integration Act 2010 140

158 Definitions 140159 Division heading substituted 140160 Port of Melbourne Corporation name change to Victorian

Ports Corporation (Melbourne) 141

Division 2—Consequential amendments 141

161 Reference to Port of Melbourne Corporation 141162 Consequential amendments 142

Division 3—Repeal of amending Part and Schedule 1 142

163 Repeal of amending Part and Schedule 1 142

Schedule 1—Consequential amendments 143

═══════════════

Endnotes 151

1 General information 151

5

10

15

A Bill for an Act to authorise and facilitate the leasing of land in the port of Melbourne and disposal of assets of the Port of Melbourne

Corporation to a private sector entity, to establish the Victorian Transport Fund, to make related amendments to the Transport

Integration Act 2010, the Port Management Act 1995, the Marine Safety Act 2010, the Essential Services Commission Act 2001 and

consequential amendments to other Acts and for other purposes.

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to authorise and facilitate transactions under which land in the port of Melbourne is leased, and assets of the Port of Melbourne

Introduced in the Assembly

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction)

Bill 2015


PARLIAMENT OF VICTORIA

5

Corporation are disposed of, to a private sector entity; and

(b) to establish the Victorian Transport Fund into which the proceeds of transactions referred to in paragraph (a) are to be paid; and

(c) to guarantee the employment entitlements of employees of the Port of Melbourne Corporation who become employees of a private sector entity in connection with the transactions referred to in paragraph (a); and

(d) to amend the Transport Integration Act 2010 and the Port Management Act 1995 to revise the Port of Melbourne Corporation's functions and powers to reflect the port of Melbourne's operation by the private sector entity and the Port of Melbourne Corporation's continuing role in relation to the port; and

(e) to amend the Port Management Act 1995 and the Essential Services Commission Act 2001 to establish a new licensing and economic regulatory framework to apply to the private sector entity that will be providing services at the port of Melbourne through its operation of the port; and

(f) to amend the Marine Safety Act 2010 to ensure that the private sector entity operating the port of Melbourne, when carrying out activities at the port, is subject to marine safety duties; and

(g) to make consequential amendments to other Acts.

Clause Page


5

10

15

20

25

30

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 30 June 2017, it comes into operation on that day.

3 Definitions

In this Act—

assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent) in real or personal property of any description;

associated assets means any assets, rights and liabilities designated under section 7 as associated assets;

authorised transaction means a transfer of port assets authorised by Part 2;

Crown land includes a stratum of Crown land;

exercise, in relation to a function, includes perform a duty;

function includes power, authority or duty;

lease includes—

(a) concurrent lease; and

(b) sublease, sublease of a sublease or any further sublease; and

(c) concurrent sublease, concurrent sublease of a concurrent sublease or any further concurrent sublease of a concurrent sublease;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

Clause Page


5

10

15

20

25

30

licence includes sublicence, sublicence of a sublicence or any further sublicence;

port assets has the meaning given by section 4;

Port Corporation means the Port of Melbourne Corporation within the meaning of the Transport Integration Act 2010;

port of Melbourne has the same meaning as in the Port Management Act 1995;

port of Melbourne seabed means the Crown land comprising the area of waters that are port of Melbourne waters and, to avoid doubt, includes any stratum of that land;

port of Melbourne waters has the same meaning as in the Port Management Act 1995;

private sector entity means any person other than a public sector entity;

public sector entity means any of the following—

(a) the State;

(b) the Minister;

(c) the Port Corporation;

(d) the Port of Hastings Development Authority within the meaning of the Transport Integration Act 2010;

(e) the Victorian Regional Channels Authority within the meaning of the Transport Integration Act 2010;

(f) a public entity within the meaning of the Public Administration Act 2004;

(g) any other person acting on behalf of the State;

(h) a corporation established under section 22;

Clause Page


5

10

15

20

25

30

(i) a company established in accordance with section 23, but only while all the shares in the company are held by or on behalf of an entity referred to in paragraphs (a) to (h);

(j) a wholly-owned subsidiary of an entity referred to in paragraphs (c) to (i);

relevant land Ministers means—

(a) in sections 51 and 52, the Minister administering the Crown Land (Reserves) Act 1978, the Minister administering the Coastal Management Act 1995 and the Minister administering Part IX of the Land Act 1958; and

(b) in section 55, the Minister administering the Coastal Management Act 1995 and the Minister administering Part IX of the Land Act 1958;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

transaction arrangement means a transaction, agreement or other arrangement entered into by or on behalf of a public sector entity for the purposes of an authorised transaction;

transaction entity means—

(a) a corporation established under section 22; or

(b) a company established in accordance with section 23; or

(c) a company designated under section 24;

Clause Page


5

10

15

20

25

30

transaction proceeds means the proceeds of the transfer of port assets to a private sector entity under an authorised transaction;

transfer, in relation to port assets, has the meaning given by section 5;

transfer date means the date of coming into effect of a transfer order;

transfer order means an order made under Division 1 of Part 4;

transferee means the person or body in whom any assets, rights and liabilities are vested by a transfer order;

transferor means the person or body from whom any assets, rights or liabilities are divested by a transfer order;

vehicle has the same meaning as in the Road Safety Act 1986;

Victorian Transport Fund means the Fund established under section 13.

4 Meaning of port assets

(1) Port assets are the following—

(a) the assets, rights and liabilities of the Port Corporation;

(b) associated assets.

(2) Port assets include assets, rights and liabilities vested in a public sector entity that were port assets before their transfer to a public sector entity for the purposes of an authorised transaction.

(3) However, assets, rights and liabilities cease to be port assets when they are transferred (other than under a lease or licence) to a private sector entity for the purposes of an authorised transaction.

Clause Page


5

10

15

20

25

30

5 Meaning of transfer

(1) A transfer, in relation to port assets, includes the sale, lease or licensing of port assets, and the creation and transfer of any interest in port assets.

(2) To avoid doubt, for the purposes of subsection (1) each of the following is a creation and transfer of an interest in port assets—

(a) a declaration of trust relating to port assets the specification of which forms part of the declaration of trust or part of the transaction constituted by the declaration of trust;

(b) a surrender of an interest in port assets;

(c) a change in the beneficial ownership of port assets.

(3) In this section—

beneficial ownership includes, but is not limited to, ownership of assets by a person as trustee of a trust;

change in beneficial ownership includes, but is not limited to the following—

(a) the creation of an asset;

(b) the extinguishment of an asset;

(c) a change in equitable interests in an asset;

(d) an asset becoming the subject of a trust;

(e) an asset ceasing to be the subject of a trust;

declaration of trust means any declaration (other than by a will or testamentary instrument) that any identified asset vested or to be vested in the person making the declaration is or is to be held in trust for the person or persons, or the purpose or

Clause Page


5

10

15

20

25

30

purposes, mentioned in the declaration although the beneficial owner of the asset, or the person entitled to appoint the asset, may not have joined in or assented to the declaration.

6 Words and expressions defined in Corporations Act

In this Act the following words and expressions have the same meanings respectively as they have in section 9 of the Corporations Act unless the context or subject-matter otherwise requires—

(a) associated entity;

(b) company;

(c) director;

(d) dispose;

(e) issue;

(f) officer;

(g) related body corporate;

(h) securities;

(i) subsidiary;

(j) wholly-owned subsidiary.

7 Associated assets

The Premier, by order, may designate any assets, rights or liabilities of a public sector entity that relate to, or are connected with, the port of Melbourne to be associated assets for the purposes of this Act.

8 Functions for the purposes of an authorised transaction

For the purposes of this Act, any act, matter or thing is done or has effect for the purposes of an authorised transaction if—

Clause Page


5

10

15

20

25

30

(a) it is done or has effect for the purpose of effecting or facilitating an authorised transaction; or

(b) it is done or has effect for any purpose that is ancillary or incidental to or consequential on an authorised transaction; or

(c) it is done or has effect for any purpose connected with the vesting of port assets in, or the transfer of staff of the Port Corporation to, a public sector entity at any time after completion of an authorised transaction.

9 Act to bind the Crown

This Act binds the Crown in right of Victoria, and so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

10 Extraterritorial operation of Act

It is the intention of the Parliament that the operation of this Act is, as far as possible, to include operation in relation to the following—

(a) things situated in or outside the territorial limits of Victoria;

(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of Victoria;

(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction.

Clause Page


5

10

15

20

25

30

Part 2—Authorised transactions

Division 1—Transfer of port assets11 Authorised transfer of port assets

(1) This Act authorises the transfer of port assets to a private sector entity, or a public sector entity, subject to the following limitations—

(a) land comprising port assets may be leased or licensed to a private sector entity but the ownership of the freehold title to that land must remain with a public sector entity;

(b) in the case where one lease or licence of land comprising port assets is granted to a private sector entity, the maximum period for that lease or licence must not exceed the period specified in subsection (2);

(c) in the case where a lease or licence of land comprising port assets is granted to a private sector entity and any further lease or licence of those port assets is granted, the maximum period for all of the leases or licences granted to a private sector entity must not exceed, in aggregate, the period specified in subsection (2).

(2) For the purposes of subsection (1)(b) and (c), the specified period is—

(a) 50 years, or if the Premier makes an order under subsection (3), the period determined under that order; or

(b) if the regulations prescribe an additional period, the period that is an aggregate of the period specified in paragraph (a) and the prescribed additional period.

Schedule 1—Consequential amendments



5

10

15

20

25

30

(3) The Premier, by order, may, for the purposes of subsection (2)(a), determine the period of a lease or licence of land comprising port assets to be granted to a private sector entity.

(4) The period determined under an order under subsection (3) must not exceed 50 years and 30 days.

(5) The prescribed additional period for the purposes of subsection (2)(b) must not exceed 20 years.

(6) Port assets may be transferred for the purposes of an authorised transaction in any manner.

(7) Without limiting subsection (6), port assets of a body corporate (the port assets holder) may be transferred to another body corporate by the port assets holder becoming a wholly-owned subsidiary of the other body corporate.

12 Proceeds of transaction

(1) The proceeds of the transfer of port assets to a private sector entity under an authorised transaction belong to and are payable directly to the State.

(2) The transaction proceeds include any payment to a public sector entity that is a premium or periodic payment under or related to a lease or licence of port assets to a private sector entity or grant of other rights that is authorised by this Act that, but for subsection (1), would be payable to another public sector entity.

(3) The transaction proceeds paid to the State are to be paid into the Victorian Transport Fund.

(4) The following deductions are authorised to be made from the transaction proceeds—

(a) deduction of amounts approved by the Premier to repay debt and satisfy other liabilities of a public sector entity in relation




5

10

15

20

25

30

35

to port assets transferred for the purposes of an authorised transaction;

(b) deduction of amounts approved by the Premier—

(i) to reimburse a public sector entity for payments made by the entity in relation to any tax, duty, fee or charge imposed on the public sector entity by any Act or law of the State or any other jurisdiction in connection with a transaction arrangement; or

(ii) to pay on behalf of a public sector entity any tax, duty, fee or charge referred to in subparagraph (i) payable by the public sector entity in connection with a transaction arrangement;

(c) deduction of amounts approved by the Premier to satisfy any liability of a public sector entity arising under or in connection with a transaction arrangement;

(d) deduction of amounts approved by the Premier to meet expenses reasonably incurred by a public sector entity for the purposes of an authorised transaction;

(e) deduction of amounts approved by the Premier—

(i) to satisfy the liabilities of a public sector entity arising under or in connection with a project that is approved by the Premier as a port-related project; or

(ii) to reimburse a public sector entity for payments made by it to satisfy the liabilities it incurs for or in connection




5

10

15

20

25

30

with a project that is approved by the Premier as a port-related project.

(5) The transaction proceeds do not include any amount certified by the Premier to have been paid to a public sector entity as a tax, duty, fee or charge imposed by any Act or law of the State in connection with a transaction arrangement.

(6) The deductions authorised to be made from the transaction proceeds may be made—

(a) before payment of the transaction proceeds into the Victorian Transport Fund; or

(b) by payment from the Victorian Transport Fund.

(7) The requirements of this section do not affect the validity of a transaction arrangement.

Division 2—The Victorian Transport Fund13 Victorian Transport Fund

There must be established in the Public Account as part of the Trust Fund an account to be known as the Victorian Transport Fund.

14 Payments into the Fund

There must be paid into the Victorian Transport Fund—

(a) all money that is appropriated by the Parliament for the purposes of the Fund; and

(b) all money that is received from the investment of money in the Fund; and

(c) all money directed or authorised to be paid into the Fund by or under this or any other Act.Note




5

10

15

20

25

30

The transaction proceeds are money that this Act directs to be paid into the Fund—see section 12(3).

15 Payments out of the Fund

(1) There must be paid out of the Victorian Transport Fund—

(a) amounts authorised by the Treasurer to fund the cost of all or any part of the development of—

(i) the Level Crossing Removal Program; and

(ii) infrastructure projects for or in relation to public transport, roads, rail, the movement of freight, ports or other infrastructure; and

(b) all money directed or authorised to be paid out of the Fund by or under this or any other Act.Note

For example, see section 12(6)(b).

(2) There must be paid out of the Victorian Transport Fund amounts authorised by the Treasurer for the payment of costs and expenses incurred in—

(a) administering this Division; and

(b) monitoring and reporting on the financial operations and financial position of the Fund.


development includes plan, implement and deliver.

16 Delegation of power to authorise payments

The Treasurer, by instrument, may delegate the Treasurer's power to authorise payments under




5

10

15

20

25

30

section 15 to the Secretary to the Department of Treasury and Finance.




Part 3—Facilitating authorised transactions

Division 1—Premier's functions17 Premier's functions

(1) The Premier has and may exercise all the functions that are necessary or convenient for the purposes of an authorised transaction.

(2) In addition, the Premier may act for or on behalf of the Port Corporation or a transaction entity in the exercise of any of its functions for the purposes of an authorised transaction while it is a public sector entity.

(3) The functions conferred on the Premier by any other provision of this Act do not limit the Premier's functions under this section.

18 Manner of effecting authorised transaction

(1) An authorised transaction is to be effected as directed by the Premier and may be effected in any manner the Premier considers appropriate.

(2) There are no limitations as to the kinds of transactions or arrangements that may be entered into or used for the purposes of an authorised transaction.Example

An ownership structure involving a trust could be used for the purposes of an authorised transaction.

Division 2—Functions of the Port Corporation19 Additional functions of the Port Corporation

(1) The Port Corporation has and may exercise all the functions that are necessary or convenient for the purposes of an authorised transaction.




5

10

15

20

25

30

(2) The functions conferred by this section are in addition to any other functions that the Port Corporation has apart from this section and those other functions do not prevent or otherwise limit the exercise of the additional functions conferred by this section.

Note

See also section 17(2).

20 Direction and control of the Port Corporation

(1) The Port Corporation is subject to the direction and control of the Premier in the exercise of any of its functions for the purposes of an authorised transaction.

(2) The Premier may give directions for the purposes of an authorised transaction to the Port Corporation and to the directors and other officers of the Port Corporation.

(3) The Port Corporation must comply with a direction given to it under subsection (2).

(4) A director or officer of the Port Corporation must comply with a direction given to the director or officer under subsection (2).

(5) The power to give a direction under subsection (2) extends to a direction relating to the way in which the Port Corporation is to carry out its functions.

(6) An action taken by the Port Corporation to comply with a direction of the Premier under subsection (2) does not require the approval of any other Minister.

21 Immunity of directors and officers of the Port Corporation

(1) A director or officer of the Port Corporation is not personally liable for anything done or omitted to be done—




5

10

15

20

25

30

(a) in complying with a direction given by the Premier under this Act; or

(b) in the reasonable belief that the act or omission was in compliance with a direction given by the Premier under this Act.

(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a director or officer of the Port Corporation attaches instead to the State.

Division 3—Transaction entities22 Establishment of statutory corporations as

transaction entities

(1) The Governor in Council, on the recommendation of the Premier, may, by Order published in the Government Gazette, establish a statutory corporation by the name stated in the Order.

(2) An Order under subsection (1) may establish a corporation sole, constituted by the holder for the time being of an office or position in the public sector stated in the Order.

(3) An Order under subsection (1)—

(a) must state the particular purpose of establishing the corporation; and

(b) must state the functions of the corporation; and

(c) if the corporation is to be a subsidiary of a statutory corporation, must state that fact and the name of the particular statutory corporation; and

(d) if the corporation is to have a share capital, must state particulars of the share capital; and




5

10

15

20

25

30

(e) if the corporation is to have a board—

(i) must state the particulars of the constitution of the board; and

(ii) may include provision for the appointment of directors by the Governor in Council; and

(f) may include any other particulars relating to the establishment or operation of the corporation that the Governor in Council determines.

(4) A statutory corporation established under this section is a transaction entity for the purposes of this Act.

(5) A statutory corporation established under this section—

(a) is a body corporate with perpetual succession; and

(b) must have an official seal; and

(c) may sue and be sued; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all things that a body corporate may by law do and suffer.

(6) All courts must take judicial notice of the seal of a statutory corporation established under this section affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

(7) The official seal must be kept in the custody that the statutory corporation directs and must not be used except as authorised by the statutory corporation.




5

10

15

20

25

30

(8) Shares in a statutory corporation must not be issued or dealt with except in accordance with an Order under this section.

23 Establishment of companies as transaction entities

(1) The Premier may, for the purposes of an authorised transaction, establish, or direct the establishment of, companies as transaction entities in any of the following ways—

(a) the formation or acquisition, or participation in the formation or acquisition, by or on behalf of the State or the Port Corporation of a company limited by shares, so that all the issued shares in the company are held by or on behalf of the State or the Port Corporation (or both);

(b) the formation or acquisition of a company as a wholly-owned subsidiary company of a transaction entity.

(2) A company established in accordance with this section is a transaction entity for the purposes of this Act.

24 Designation of subsidiary company of the Port Corporation as transaction entity

(1) The Premier, by notice published in the Government Gazette, may designate a subsidiary company of the Port Corporation to be a transaction entity for the purposes of this Act.

(2) A company designated under this section is a transaction entity for the purposes of this Act.




5

10

15

20

25

25 Transaction entity does not represent the State

Unless the Premier otherwise determines—

(a) a transaction entity is not and does not represent the State; and

(b) the debts, liabilities and obligations of a transaction entity are not guaranteed by the State.

26 Functions of transaction entities

(1) A transaction entity has and may exercise all the functions that are necessary or convenient for the purposes of an authorised transaction.

(2) The functions conferred by this section are in addition to any other functions that a transaction entity has apart from this section and those other functions do not prevent or otherwise limit the exercise of the additional functions conferred by this section.

Note


27 Direction and control of transaction entities

(1) A transaction entity is subject to the direction and control of the Premier in the exercise of any of its functions for the purposes of an authorised transaction while it is a public sector entity.

(2) The Premier may give directions for the purposes of an authorised transaction to a transaction entity, and to the directors and other officers of a transaction entity.

(3) A transaction entity must comply with a direction given to it under subsection (2).

(4) A director or officer of a transaction entity must comply with a direction given to the director or officer under subsection (2).




5

10

15

20

25

30

(5) The power to give a direction under subsection (2) extends to a direction relating to the way in which the transaction entity is to carry out its functions or conduct its business or other affairs.

(6) A direction under subsection (2) can only be given to a transaction entity or its directors and other officers and is only required to be complied with while the transaction entity is a public sector entity.

(7) Action taken by a transaction entity to comply with a direction of the Premier under subsection (2) does not require the approval of the voting shareholders of the entity or of any other Minister.

(8) The provisions of this section are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation.Note

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.

28 Immunity of directors and officers of transaction entity

(1) A director or officer of a transaction entity is not personally liable for anything done or omitted to be done—

(a) in complying with a direction given by the Premier under this Act; or

(b) in the reasonable belief that the act or omission was in compliance with a direction given by the Premier under this Act.




5

10

15

20

25

30

35

(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a director or officer of a transaction entity attaches instead to the State.




Part 4—Arrangements for transfer of port assets

Division 1—Transfer orders29 Making of transfer orders

The Premier, by order, may do either or both of the following—

(a) vest assets, rights and liabilities comprising port assets in a person specified in the order as the transferee for the purposes of an authorised transaction;

(b) divest assets, rights and liabilities comprising port assets from a public sector entity for the purpose of vesting those assets, rights and liabilities under a transfer order.

30 Vesting of assets, rights and liabilities in transferee

(1) When any assets, rights or liabilities are vested by a transfer order, the following provisions have effect (subject to the transfer order)—

(a) the assets vest in the transferee by virtue of this section and without the need for any conveyance, transfer, assignment or assurance;

(b) the rights and liabilities become, by virtue of this section, the rights and liabilities of the transferee;

(c) all proceedings relating to the assets, rights or liabilities pending by or against the transferor are taken to be proceedings pending by or against the transferee;

(d) the transferee has all the entitlements and obligations of the transferor in relation to the




5

10

15

20

25

30

assets, rights and liabilities that the transferor would have had but for the order;

(e) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities by, to or in relation to the transferor is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in relation to the transferee;

(f) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities but subject to the regulations) to be read as, or as including, a reference to the transferee.

(2) No attornment to the transferee by a lessee from the transferor is required.

31 Terms and conditions of transfer order

A transfer order may be made on the terms and conditions specified in the order.

32 Consideration for vesting

A transfer order may specify the consideration for which a vesting to which it applies is made and the value or values at which assets, rights and liabilities are vested.

33 Transfer subject to encumbrances

Unless the transfer order otherwise provides, if under the transfer order assets and rights vest in the transferee or liabilities become liabilities of the transferee—

(a) the assets and rights vested are subject to the encumbrances (if any) to which they were subject immediately before being vested; and




5

10

15

20

25

30

(b) the rights to which the transferor was entitled in relation to those liabilities immediately before they ceased to be liabilities of the transferor vest in the transferee.

34 Substitution of party to agreement

(1) This section applies if, under a transfer order, the rights and liabilities of the transferor under an agreement are transferred to the transferee.

(2) On the transfer date, the transferee becomes a party to the agreement in place of the transferor unless the transfer order requires otherwise.

35 Transfer of interests in land

(1) This section applies to the vesting under a transfer order of an interest in land under the Transfer of Land Act 1958.

(2) If, immediately before the vesting of the interest in land, the transferor was the registered proprietor of the interest under the Transfer of Land Act 1958, then on and after the transfer date—

(a) the transferee is taken to be the registered proprietor of that interest in land; and

(b) the transferee has the same rights and remedies in relation to that interest that the transferor had.

(3) This section applies despite anything to the contrary in any other Act or law (other than the Charter of Human Rights and Responsibilities).

(4) This section does not limit the generality of this Division.




5

10

15

20

25

30

36 Transfer of rights and interests in vehicles and recreational vessels

(1) This section applies to the vesting under a transfer order of the ownership or management of—

(a) a vehicle; or

(b) a recreational vessel.

(2) If, immediately before the vesting of the ownership or management of the vehicle or recreational vessel, the transferor was the owner or manager of that vehicle or recreational vessel, then on and after the transfer date—

(a) the transferee is taken to be the owner or manager of that vehicle or recreational vessel (as the case requires); and

(b) the transferee has the same rights and remedies in relation to that vehicle or recreational vessel that the transferor had.

(3) This section applies despite anything to the contrary in any other Act or law (other than the Charter of Human Rights and Responsibilities).

(4) This section does not limit the generality of this Division.

37 Confirmation of vesting

(1) The Premier, by order, may confirm a vesting or divesting of particular assets, rights and liabilities by operation of this Division.

(2) An order under subsection (1) is evidence of the vesting or divesting of the assets, rights or liabilities to which it applies.

38 Determinations by Premier

(1) The Premier may determine whether or not particular assets, rights or liabilities comprise port assets for the purposes of a transfer order.




5

10

15

20

25

30

(2) A determination under subsection (1) is evidence, and, in the absence of evidence to the contrary, proof, of the matters determined.

39 Amendment of Land Titles Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and any relevant transfer order, must make any amendments in the Register that are necessary because of the operation of this Division.

(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment of the Register in relation to property that is an easement registered under the Transfer of Land Act 1958.

40 Amendment of VicRoads vehicles register

(1) VicRoads, on being requested to do so, must make any recordings in the register in relation to any transferred vehicle that are necessary because of the operation of a provision of this Division.

(2) A current certificate of roadworthiness is not required to be obtained and given to VicRoads for a transferred vehicle for the purposes of subsection (1).


the register has the same meaning as in the Road Safety Act 1986;

transferred vehicle means a vehicle to which a transfer order applies and which is eligible to be registered under the Road Safety Act 1986.




5

10

15

20

25

30

41 Evidence

Documentary or other evidence that would have been admissible for or against the interests of the transferor in relation to assets, rights or liabilities transferred to the transferee is admissible for or against the interests of the transferee.

Division 2—Grant of relevant authorisations42 Grant of relevant authorisations

(1) The Premier may give a direction to a public sector entity in relation to the grant of any relevant authorisation to a person who becomes or will become the new operator of any port assets under an authorised transaction.

(2) A direction under subsection (1) may include a direction for or in relation to any of the following—

(a) requiring the grant of a relevant authorisation without the need to make or determine an application;

(b) the conditions or endorsements subject to which any relevant authorisation is to be granted or that are to be attached to any relevant authorisation.

(3) A direction under subsection (1) may only be given under that subsection for the grant of a relevant authorisation that—

(a) operates to transfer or replace an existing relevant authorisation that is currently in force; and

(b) is subject to terms, conditions or endorsements that are the same (or to substantially the same effect) as those to which the relevant authorisation is subject.




5

10

15

20

25

30

(4) Before giving a direction to the public sector entity under subsection (1), the Premier must consult with—

(a) the Minister administering the Act under which the relevant authorisation is to be granted; and

(b) the public sector entity.

(5) A public sector entity under a relevant law must comply with a direction given to it under subsection (1).

(6) Anything done by a public sector entity (as the grantee of a relevant authorisation) in compliance with a term, condition or endorsement of a relevant authorisation in relation to port assets of which a person is the new operator is taken to have been done by the new operator for the purposes of any corresponding term, condition or endorsement of a relevant authorisation granted to the new operator as a result of a direction given under subsection (1).


grant includes give, issue and transfer;

new operator of port assets means—

(a) a public sector entity to which any port assets are transferred for the purposes of an authorised transaction; or

(b) a person (or the nominee of a person) in whom port assets are vested, or to whom port assets are transferred, pursuant to an authorised transaction;

relevant authorisation means a licence, permit, consent, entitlement, accreditation, approval, exemption or other authorisation under a relevant law;




5

10

15

20

25

30

relevant law means any of the following Acts or provisions of Acts—

(a) the Coastal Management Act 1995;

(b) the Fisheries Act 1995;

(c) the Flora and Fauna Guarantee Act 1988;

(d) the Heritage Act 1995;

(e) section 27 of the National Parks Act 1975;

(f) the Planning and Environment Act 1987;

(g) the Port Management Act 1995;

(h) the Water Act 1989;

(i) the Wildlife Act 1975.




5

10

Part 5—Arrangements relating to transfer of Port Corporation staff

43 Definitions

In this Part—

casual employee means an employee of the Port Corporation whose employment is in a category of employment that is described in or classified under a relevant award as casual employment or who is otherwise engaged as a casual employee;

designated private sector employer means a private sector entity designated under an order under section 45;

employee of a public sector entity means a person employed by the public sector entity whether under Part 3 of the Public Administration Act 2004 or otherwise;

employment guarantee period, for a transferred employee who is a permanent employee or temporary employee, has the meaning given by section 44;

executive employee means an employee employed under an individual contract in an executive position within the Port Corporation;

permanent employee means an employee of the Port Corporation whose employment is of indefinite duration and who is not a casual employee, temporary employee or executive employee;

relevant award means any award, agreement or other industrial instrument (under a law of the State or the Commonwealth) that provides for the terms and conditions of employment of employees;




5

10

15

20

25

30

temporary employee means an employee of the Port Corporation (other than a casual employee or executive employee) whose employment is in a category of employment that is described in or classified under a relevant award as temporary employment or whose employment is, under the terms of the employee's employment, for a limited period;

transfer date means—

(a) in relation to an executive employee to whom an order under section 47 applies, the date on which the employment of the employee is transferred under that section to a designated private sector employer; and

(b) in relation to a permanent employee, temporary employee or executive employee who accepts an offer of employment with a designated private sector employer, the day on which the employee commences employment with that designated private sector employer;

transferred employee means—

(a) an executive employee to whom an order under section 47 applies; or

(b) a permanent employee, temporary employee or executive employee who is offered and accepts employment with a designated private sector employer in connection with an authorised transaction.




5

10

15

20

25

30

44 Meaning of employment guarantee period

The employment guarantee period for a transferred employee who is a permanent employee or temporary employee is as follows—

(a) for a permanent employee, a period of 2 years after the transfer date;

(b) for a temporary employee, a period that is the remainder of the employee's current term of employment (as specified in the arrangements under which the employee was engaged as a temporary employee) immediately before the transfer date or a period of 2 years after the transfer date, whichever period ends first.

45 Designation of a private sector employer

(1) The Premier, for the purposes of this Part, may, by order, designate a private sector entity as a designated private sector employer.

(2) The Premier must not make an order under subsection (1) unless the Premier is satisfied that the private sector entity will offer employment to a permanent employee, temporary employee or executive employee on terms and conditions no less favourable than those that apply to the employee as an employee of the Port Corporation.

46 Temporary transfers (secondments)

(1) The Premier, for the purposes of an authorised transaction, may, by order, temporarily transfer an employee of a public sector entity—

(a) to the service of another public sector entity; or

(b) to the service of a designated private sector employer.




5

10

15

20

25

30

(2) A person may be temporarily transferred under this section at the person's existing level of remuneration or at a higher level of remuneration.

(3) A person who is temporarily transferred under this section remains an employee of the public sector entity concerned (unless and until the person's employment is transferred under another provision of this Part or the person ceases to be an employee of the public sector entity).

47 Transfers to private sector employment of Port Corporation executive employees

(1) The Premier, for the purposes of an authorised transaction, may, by order, transfer the employment of an executive employee to the employment of a designated private sector employer.

(2) The Premier must not make an order under subsection (1) unless the Premier is satisfied that the designated private sector employer has offered employment to the executive employee on terms and conditions that are no less favourable than those that apply to the executive employee as an employee of the Port Corporation.

(3) On the transfer date, an executive employee specified in an order under subsection (1) is taken to be an employee of the designated private sector employer on the terms and conditions contained in the offer of employment by the designated private sector employer.

48 Limitation on changes to terms and conditions of transferred employees

(1) This section applies if—

(a) a permanent employee, temporary employee or executive employee is offered




5

10

15

20

25

30

employment by a designated private sector employer; and

(b) the Premier is satisfied that the offer of employment with the designated private sector employer will be on terms and conditions that are no less favourable than those that apply to the employee as an employee of the Port Corporation immediately before the transfer date; and

(c) the permanent employee, temporary employee or executive employee accepts that offer of employment.

(2) On the transfer date, the transferred employee's employment with the designated private sector employer is taken to be subject to the requirements under subsections (3) to (5).

(3) The terms and conditions of employment of a transferred employee who is a permanent employee or temporary employee cannot be varied during any employment guarantee period for the transferred employee except—

(a) by agreement entered into by or on behalf of the transferred employee; or

(b) following the proper application of reasonable disciplinary procedures.

(4) The terms and conditions of employment of a transferred employee who is an executive employee cannot be varied except by agreement entered into by or on behalf of the transferred employee.

(5) The employment of a permanent employee or temporary employee with the designated private sector employer cannot be terminated by the designated private sector employer during any




5

10

15

20

25

30

employment guarantee period for the transferred employee, except—

(a) for serious misconduct pursuant to the proper application of reasonable disciplinary procedures; or

(b) by agreement with the employee.

49 Continuity of entitlements of transferred employees

(1) On and after the transfer date, the following provisions have effect—

(a) a transferred employee is entitled to continue as a contributor, member or employee for the purposes of any superannuation scheme in respect of which the employee was a contributor, member or employee (as an employee of the Port Corporation) immediately before the transfer date and remains so entitled subject to any variation to that entitlement made either by agreement or otherwise in accordance with law;

(b) a designated private sector employer who is a transferred employee's employer is taken to be an employer for the purposes of any superannuation scheme in respect of which the transferred employee continues as a contributor, member or employee pursuant to an entitlement under this section;

(c) the continuity of a transferred employee's contract of employment is taken not to have been broken by the employee ceasing to be an employee of the Port Corporation and commencing employment with a designated private sector employer and service of the employee with the Port Corporation (including service deemed to be service with the Port Corporation) that is continuous service up to the transfer date is taken for all




5

10

15

20

25

30

35

purposes to be service with the designated private sector employer;

(d) a transferred employee retains any rights to sick leave, annual leave or long service leave accrued or accruing immediately before the transfer date (except accrued leave for which the employee has, on ceasing to be an employee of the Port Corporation, been paid the monetary value in pursuance of any other entitlement of the transferred employee).

(2) Nothing in the Long Service Leave Act 1992 prevents payment in connection with the commencement of employment of an employee of the Port Corporation with a designated private sector employer to which this Part applies of the monetary value of long service leave in lieu of an entitlement to that leave accrued as an employee of the Port Corporation before that commencement.




5

10

15

20

Part 6—Crown land for the purposes of authorised transactions

Division 1—Application of Part50 Land Acts and certain land provisions do not apply

This Part applies despite anything to the contrary in the Land Act 1958, the Crown Land (Reserves) Act 1978, Part 4 of the Port Management Act 1995 or any other Act.

Division 2—Removal of reservations on land51 Revocation of reservations

(1) If any Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978 is entirely within the port of Melbourne, the Premier, after consultation with the relevant land Ministers, may recommend to the Governor in Council that the reservation of that land be revoked in its entirety.

(2) On receiving the Premier's recommendation, the Governor in Council, by Order published in the Government Gazette, may revoke the following—

(a) any Order in Council reserving the land;

(b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land.

52 Revocation of reservations—part of reservation

(1) If any Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978 is entirely within the port of Melbourne, and if only part of the reservation of that land is to be revoked, the Premier—




5

10

15

20

25

30

(a) on receiving a plan of land signed by the Surveyor-General; and

(b) on being satisfied that the land shown on the plan represents that part of the reservation to be revoked; and

(c) after consultation with the relevant land Ministers—

may recommend to the Governor in Council that that part of the reservation be revoked.

(2) On receiving the Premier's recommendation, the Governor in Council, by Order published in the Government Gazette, may revoke the following—

(a) any Order in Council reserving the land;

(b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land—

to the extent that the Order in Council, Crown grant, certificate of title or folio relates to the land shown on the plan.

53 Effect of revocation of reservation

(1) This section applies to land referred to in an Order under section 51 or 52, on the publication of that Order in the Government Gazette.

(2) Subject to section 54, the land is taken to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

(3) The appointment of any committee of management is revoked in so far as it applies to the land.

(4) Any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land.




5

10

15

20

25

30

54 Preservation of leases and licences

(1) Section 53 does not affect the status or continuity of any lease or licence of affected land existing immediately before the commencement of an Order under section 51 or 52 applying to that affected land and that lease or licence has effect—

(a) as the case requires, as a lease or licence between the Minister administering the Land Act 1958 as lessor or licensor and the lessee or licensee for the time being under the lease or licence, as if the lease or licence had been assigned to the Minister; and

(b) as if it referred to the Minister instead of to the lessor or licensor (however described).

(2) Section 53 does not affect the status or continuity of any sublease or sublicence existing over affected land at the date of commencement of an Order under section 51 or 52 applying to that affected land.

(3) Subject to subsection (4), the issue of a Crown grant of any land affected by a lease or licence and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease or licence of that land and that lease or licence has effect on and after the issue of the Crown grant—

(a) as the case requires, as a lease or licence between the person to whom the Crown grant is made as lessor or licensor and the lessee or licensee for the time being under the lease or licence, as if the lease or licence had been assigned to the person to whom the Crown grant is made; and




5

10

15

20

25

30

(b) as if the lease or licence referred to the person to whom the Crown grant is made instead of to the lessor or licensor (however described).

(4) If more than one Crown grant is issued of any land affected by a lease or licence and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease or licence of that land and that lease or licence has effect on and after the issue of the Crown grants—

(a) as the case requires, as a lease or licence between the persons to whom the respective Crown grants are made as joint lessors or licensors and the lessees or licensees for the time being under the lease or licence, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and

(b) as if the lease or licence referred to the persons to whom the respective Crown grants are made instead of to the lessors or licensors (however described).

(5) The issue of a Crown grant in respect of any land affected by a lease or licence and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of any sublease or sublicence existing over that land at the time of the issue of the Crown grant in respect of that land.

(6) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.





5

10

15

20

25

30

Act does not include the Charter of Human Rights and Responsibilities;

affected land means land to which an Order under section 51 or 52 applies;

lease includes an agreement or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and sublease has a corresponding meaning;

licence includes an agreement or other interest arising under or in relation to a licence whether or not the licence has expired and an interest in the nature of a licence and sublicence has a corresponding meaning.

Division 3—Leasing and licensing of Crown land55 Grant of lease or licence of Crown land for the

purposes of an authorised transaction

(1) The Governor in Council, on behalf of the Crown, and on the recommendation of the Premier and the relevant land Ministers—

(a) may grant a lease of Crown land (other than a stratum of the port of Melbourne seabed) or a licence of any Crown land to a private sector entity or a public sector entity for the purposes of an authorised transaction; and

(b) may impose any conditions on the lease or licence; and

(c) may ratify or give effect to any partial surrender of a lease or licence by the lessee or licensee, if the lessee or licensee has the consent of any mortgagee and the holder of any charge over the lease or licence.




5

10

15

20

25

30

(2) The Governor in Council, on behalf of the Crown, and on the recommendation of the Premier after consultation with the relevant land Ministers—

(a) may grant a lease of a stratum of the whole, or a part, of that part of the port of Melbourne seabed identified in a determination under subsection (8) to a private sector entity or a public sector entity for the purposes of an authorised transaction; and

(b) may impose any conditions on the lease; and

(c) may ratify or give effect to any partial surrender of a lease by the lessee, if the lessee has the consent of any mortgagee and the holder of any charge over the lease.

(3) In imposing conditions on a lease or licence of a stratum of land under subsection (1) or (2), the Governor in Council must have regard to the following matters—

(a) if the land is not part of the port of Melbourne seabed—

(i) that reasonable access to and use of the stratum and other land be provided for; and

(ii) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and

(iii) that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for;

(b) in all cases—

(i) that the making or maintenance of improvements by the lessee or licensee be provided for; and




5

10

15

20

25

30

35

(ii) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land be provided for.

(4) The granting of a lease or licence under this section of a stratum of land is conclusive proof of compliance with subsection (3)(a) and (b) with respect to the lease or licence.

(5) To avoid doubt, the partial surrender of a lease or licence ratified or given effect to under subsection (1)(c) or (2)(c) does not constitute the surrender in full of that lease or licence and does not affect the operation of the lease or licence in relation to any part of the leased or licensed land that is not surrendered.

(6) The term of a lease or licence granted to a private sector entity under this section, or if more than one lease or licence is granted to a private sector entity under this section, the aggregate period of the terms of those leases or licences, must not exceed the maximum period specified in section 11(2) in relation to a lease or licence granted to the private sector entity to which that section applies.

(7) A lease or licence granted under this section may be amended at any time with the consent of the lessee or licensee.

(8) The Premier, after consultation with the relevant land Ministers, may make a determination identifying a part of the port of Melbourne seabed for the purposes of subsection (2)(a).




5

10

15

20

25

30

35

Part 7—General

Division 1—General matters relating to authorised transactions

56 Severance of fixtures

(1) The Premier, by order, may, for the purposes of an authorised transaction, direct that fixtures designated under this section are severed from the land on which they are situated.

(2) The effect of an order under subsection (1) is that the fixtures concerned are taken to be severed from the land on which they are situated and may be dealt with as personal property separate from the land for the purposes of an authorised transaction.

(3) The severance of a fixture from land under this section does not affect—

(a) the right to have the fixture continue to be situated on the land; or

(b) any right to drain water or sewage from the fixture across and through the land; or

(c) the right to use any means of drainage of water or sewage from the fixture across and through the land.

(4) The Premier, by order, may designate for the purposes of this section fixtures that are—

(a) port assets; and

(b) owned by the Port Corporation or another public sector entity; and

(c) situated on land owned by the Port Corporation or another public sector entity.




5

10

15

20

25

30

57 Protection of contractual and other obligations

(1) This section applies to the following—

(a) the operation of this Act (including any order under this Act and anything done or omitted to be done under or for the purposes of this Act);

(b) the vesting of port assets by a transfer order for the purposes of an authorised transaction;

(c) the entering into or performance of obligations under a transaction arrangement by a public sector entity;

(d) the disclosure of information by, or on behalf of, or with the consent of a public sector entity for the purposes of an authorised transaction.

(2) None of the matters or things to which this section applies—

(a) is to be regarded as placing any person in breach of contract or confidence, in breach of a professional code or otherwise making the person guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of or as constituting a default under, or as requiring any act to be done under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating—

(i) the assignment, transfer, sale or disposal of any assets, rights or liabilities; or

(ii) the disclosure of any information; or




5

10

15

20

25

30

(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in relation to or to terminate any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases a surety or other obligor wholly or partly from an obligation.


Act does not include the Charter of Human Rights and Responsibilities.

58 Compensation not payable

(1) Compensation is not payable by the State because of—

(a) the enactment or operation of this Act, or for any consequence of that enactment or operation; or

(b) any statement or conduct relating to the enactment of this Act.

(2) This section does not extend to compensation payable under a transaction arrangement in connection with the performance of obligations under the arrangement.


compensation includes damages or any other form of monetary compensation;




5

10

15

20

25

30

conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise;

operation of this Act includes the operation of any order or direction under this Act and any agreement entered into under and for the purposes of this Act;

statement includes a representation of any kind—

(a) whether made verbally or in writing; and

(b) whether negligent, false, misleading or otherwise;

the State means the Crown and includes a public sector entity and an officer, employee or agent of the Crown or a public sector entity.

59 Port of Melbourne leases

(1) A provision of a port of Melbourne lease (or of any agreement or arrangement entered into in connection with a port of Melbourne lease) dealing with a matter set out in subsection (2) has effect according to its terms despite any law or rule to the contrary.

(2) The matters are—

(a) the payment of any amount by way of premium under the lease and the retention of any such amount by the lessor or the State; and

(b) the circumstances or conditions under which the lease may be terminated by the lessor or lessee (including a provision of a lease to the effect that it is only terminable in accordance with its terms and not at will); and




5

10

15

20

25

30

(c) the application of section 139, 144 or 146(2) or (4) of the Property Law Act 1958 to or in relation to the lease (or any lease under the lease); and

(d) the entitlement to, or the retention or application of, a security provided in relation to the lease; and

(e) the payment of a sum that is in the nature of a penalty; and

(f) the ownership of, or the vesting or forfeiture of ownership of, or a right or option to acquire, any real or personal property on termination of the lease or on the occurrence of some other specified event or other thing; and

(g) the pre-payment of amounts payable by way of rent under the lease and the retention of any such amounts by the lessor or the State; and

(h) the continuance of the lease despite the occurrence of unintended or unforeseen circumstances; and

(i) the continuance of the obligation to pay rent despite the occurrence of unintended or unforeseen circumstances; and

(j) the amount payable, or the non-payment of an amount, in consequence of a breach or early termination of the lease; and

(k) the liability of the lessor or lessee in relation to the leased assets; and

(l) the non-refundability of any payment made on account of rent, a premium, an option fee, outgoings, a security deposit or otherwise in relation to the lease; and

(m) the operation of any set-off.




5

10

15

20

25

30

35

(3) A port of Melbourne lease may include provision for the removal by the lessee of any fixture severable from the land leased.

(4) The Premier, by order, may designate a lease or licence of port assets as a port of Melbourne lease for the purposes of this section.


port of Melbourne lease means—

(a) a lease or licence of port assets entered into for the purposes of an authorised transaction; or

(b) a lease or licence of all or a part of the port of Melbourne seabed entered into for the purposes of an authorised transaction; or

(c) a lease or licence of port assets designated under subsection (4)—

and lessor and lessee have corresponding meanings.

Division 2—Operation of other laws60 Excluded matter for Corporations Act

Anything done by the Premier under this Act is declared to be an excluded matter for the purposes of section 5F of the Corporations Act in relation to Chapter 2D of the Corporations Act.

Note

This section ensures that Chapter 2D of the Corporations Act will not apply to anything done by the Premier. Section 5F of the Corporations Act provides that if a State law declares a matter to be an excluded matter in relation to specified provisions of the Corporations legislation, then those provisions will not apply to that matter in the State concerned.




5

10

15

20

25

30

61 State taxes and fees

(1) A State tax or fee is not chargeable or applicable in relation to a relevant matter if that relevant matter—

(a) relates only to a public sector entity; or

(b) is a matter to which only public sector entities are parties.

(2) A State tax or fee is not payable by a person or body (other than a public sector entity) in relation to a relevant matter to the extent (if any) that the Premier, by order, directs, either generally or in a particular case.

(3) An order may be made under subsection (2) before or after the liability to pay the State tax or fee concerned accrues.

(4) An order under subsection (2) may specify the date of completion of an authorised transaction.

(5) The Premier must give a copy of an order under subsection (2) to the Commissioner of State Revenue or other person or entity to whom the State tax or fee would be payable but for the order.

(6) The Premier may certify, in writing, any of the following things as a relevant matter—

(a) a thing that the Premier considers has been done in consequence of a vesting of assets, rights or liabilities by virtue of Part 4;

(b) a transaction occurring within 6 months after the designated date of completion of an authorised transaction that the Premier considers has been entered into in connection with the transfer of port assets to a private sector entity pursuant to the authorised transaction.




5

10

15

20

25

30


relevant matter means any of the following—

(a) an authorised transaction;

(b) a transaction arrangement;

(c) the issue, disposal or purchase of shares, units in a unit trust or other securities in or issued by a company for the purposes of an authorised transaction;

(d) a vesting of assets, rights or liabilities by virtue of Part 4;

(e) a thing certified by the Premier under subsection (6);

(f) any other matter for the purposes of an authorised transaction that is prescribed by the regulations;

State tax or fee means duty under the Duties Act 2000 or any other tax, duty, fee or charge imposed by or under any other Act.

62 Application of Borrowing and Investment Powers Act 1987

The Borrowing and Investment Powers Act 1987 does not apply to an authorised transaction.

63 Operation of Public Administration Act 2004

Nothing in this Act affects the operation of the Public Administration Act 2004.

64 Operation of State Owned Enterprises Act 1992

Nothing in this Act affects the operation of the State Owned Enterprises Act 1992.




5

10

15

20

25

65 Operation of Transport Integration Act 2010

Nothing in the Transport Integration Act 2010 operates to prevent, restrict or otherwise limit the carrying out of a transaction arrangement or the exercise of any function for the purposes of an authorised transaction.

66 No land tax is payable

No land tax is payable under the Land Tax Act 2005 in respect of Crown land that is the subject of a lease entered into for the purposes of an authorised transaction.

67 Rates under Local Government Act 1989

Crown land that is the subject of a lease entered into for the purposes of an authorised transaction is not rateable land within the meaning of section 154 of the Local Government Act 1989.

68 Inconsistency with prescribed legislation

(1) In the event of any inconsistency between the provisions of this Act or the regulations and a provision of any other Act or a regulation under any other Act that is prescribed by the regulations as an inconsistent provision for the purposes of this section, the provisions of this Act or the regulations (as the case may be) prevail to the extent of the inconsistency.


Act does not include the Charter of Human Rights and Responsibilities.

69 Competition and Consumer Act and Competition Code

(1) For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following things are authorised by this Act—




5

10

15

20

25

30

(a) the entering into a primary agreement by the State and any one or more of the following—

(i) a person who at the time the primary agreement takes effect is the port of Melbourne operator;

(ii) a person who at the time the primary agreement is entered into or takes effect is an associated entity of the port of Melbourne operator;

(iii) a person in relation to whom the port of Melbourne operator is an associated entity at the time the primary agreement is entered into or takes effect;

(iv) a person specified under an order under subsection (2)(a);

(v) a financing party of a person referred to in subparagraph (i), (ii), (iii) or (iv);

(vi) a trustee of a financing party;

(b) the entering into an agreement that is designated under an order under subsection (2)(b);

(c) the amendment of a primary agreement or an agreement referred to in paragraph (b);

(d) the giving effect to a primary agreement or an agreement referred to in paragraph (b);

(e) the acceptance of the benefit under a primary agreement or an agreement referred to in paragraph (b);

(f) the assignment or acceptance of an interest in, or right under, a primary agreement or an agreement referred to in paragraph (b).




5

10

15

20

25

30

(2) The Premier, by order, may do any one or more of the following—

(a) specify a person for the purposes of subsection (1)(a)(iv);

(b) designate an agreement that confers a right or imposes an obligation on a person referred to in subparagraph (v) or (vi) of subsection (1)(a) in relation to a primary agreement as an agreement for the purposes of subsection (1)(b).


derivative means an arrangement in relation to which—

(a) under the arrangement, a party to the arrangement must, or may be required to, provide at some future time consideration of a particular kind or kinds to someone; and

(b) the amount of the consideration, or the value of the arrangement, is ultimately determined, derived from or varies by reference to (wholly or in part) the value or amount of something else (of any nature whatsoever and whether or not deliverable), including, for example, any one or more of the following—

(i) an asset;

(ii) a rate (including an interest rate or exchange rate);

(iii) an index;

(iv) a commodity;




5

10

15

20

25

30

financing party, of a person (the first person), means a person who directly or indirectly provides financial accommodation to, or is a counterparty to, a derivative with the first person;

giving effect to, in relation to an agreement or assignment, includes—

(a) complying with any obligation under the agreement or assignment; and

(b) exercising or enforcing any right or power under the agreement or assignment;

port of Melbourne operator has the same meaning as in the Port Management Act 1995;

primary agreement means an agreement connected with an authorised transaction containing provisions for or with respect to the making of any payment by the State relating to a port in Victoria specified in the agreement at which one or more of the following occurs—

(a) the loading, unloading, handling, transport or transhipment of cargo containers serving international trade;

(b) the storage of cargo containers serving international trade.

Division 3—Miscellaneous70 Delegation

The Premier, by instrument, may delegate any of the Premier's functions under this Act, except this power of delegation, to any of the following persons—

(a) the Special Minister for State;




5

10

15

20

25

30

(b) the Secretary to the Department of Premier and Cabinet;

(c) a person (other than the Secretary) employed under Part 3 of the Public Administration Act 2004 in the Department of Premier and Cabinet as an executive within the meaning of that Act.

71 Orders

(1) An order made by the Premier under this Act must be in writing.

(2) An order made by the Premier under this Act takes effect on the day on which it is made or if it specifies a later day, that day.

(3) A document purporting to be an order made by the Premier under a provision of this Act is, unless the contrary is established, taken to be such an order and to have been properly made.

Division 4—Regulations72 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstances; and

(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person.




5

10

15

20

25

30

Part 8—Transaction-related amendments

Division 1—Amendment of Transport Integration Act 2010

73 Definition

In section 3 of the Transport Integration Act 2010 insert the following definition—

"Port Capacity Project part of the port of Melbourne means that part of the port of Melbourne at which the development declared in the nomination order under the Project Development and Construction Management Act 1994, dated 4 September 2012 and published in the Government Gazette on 7 September 2012, is being carried out;".

74 Object of Port of Melbourne Corporation

(1) For section 141D(1) of the Transport Integration Act 2010 substitute—

"(1) The main objects of the Port of Melbourne Corporation are—

(a) to ensure that port of Melbourne waters and channels in port of Melbourne waters are managed for use on a fair and reasonable basis consistent with the vision statement and the transport system objectives; and

(b) to manage and develop Station Pier and West Finger Pier consistent with the vision statement and the transport system objectives; and

(c) if authorised under section 141EA, to manage and develop the Port Capacity Project part of the port of Melbourne




5

10

15

20

25

30

consistent with the vision statement and the transport system objectives; and

(d) if the Port of Melbourne Corporation is a designated State port entity (as defined in section 74AA of the Port Management Act 1995), to manage a site in the port of Melbourne at which stevedoring operations are carried out consistent with the vision statement and the transport system objectives.".

(2) In section 141D(2) of the Transport Integration Act 2010—

(a) for "primary object includes" substitute "main objects include";

(b) in paragraph (a), for "port of Melbourne is" substitute "port of Melbourne waters, Station Pier and West Finger Pier are";

(c) paragraphs (b) and (c) are repealed.

75 Functions of Port of Melbourne Corporation

(1) For section 141E(1)(a) and (b) of the Transport Integration Act 2010 substitute—

"(a) if authorised under section 141EA—

(i) to plan for the development of the Port Capacity Project part of the port of Melbourne;

(ii) to provide infrastructure necessary for the development and operation of the Port Capacity Project part of the port of Melbourne;

(iii) to develop, or enable and control the development by others of, the Port Capacity Project part of the port of Melbourne;




5

10

15

20

25

30

(b) if the Port of Melbourne Corporation is a designated State port entity (as defined in section 74AA of the Port Management Act 1995)—

(i) to manage, or enable and control the management by others of, a site in the port of Melbourne for the carrying out of stevedoring operations;

(ii) to provide, or enable and control the provision by others of, services at a site in the port of Melbourne it manages and at which stevedoring operations are carried out;".

(2) Section 141E(1)(c) to (e) and (g) of the Transport Integration Act 2010 are repealed.

(3) At the foot of section 141E(1)(f) of the Transport Integration Act 2010 insert—"Note

Station Pier and West Finger Pier are part of the port of Melbourne—see the definition of port of Melbourne in section 3(1) of the Port Management Act 1995 and section 65 of that Act.".

(4) In section 141E(1)(h) of the Transport Integration Act 2010, before "manage" insert "establish and".

(5) After section 141E(1)(i) of the Transport Integration Act 2010 insert—

"(ia) to publish information about the depths and configurations of channels and berths in port of Melbourne waters;

(ib) to provide or maintain systems related to navigation in port of Melbourne waters, including systems for—

(i) managing vessel traffic and vessel communications in those waters;




5

10

15

20

25

30

35

(ii) the scheduling and allocation of vessels to berths in those waters and in the port of Melbourne;".

(6) After section 141E(1)(j) of the Transport Integration Act 2010 insert—

"(ja) to perform functions under Part 4A of the Port Management Act 1995 (Regulation of towage services);

(jb) in relation to Station Pier and West Finger Pier—

(i) to plan for the development and operation of the piers;

(ii) to provide land, waters and infrastructure necessary for the development and operation of the piers;

(iii) to develop, or enable and control the development by others of, the whole or any part of the piers;

(iv) to manage, or enable and control the management by others of, the whole or any part of the piers;

(v) to provide, or enable and control the provision by others of, services for the operation of the piers;

(vi) to facilitate the integration of infrastructure and logistics systems in the piers with the transport system and other relevant systems outside the piers;".




5

10

15

20

25

76 New section 141EA inserted

After section 141E of the Transport Integration Act 2010 insert—

"141EA Minister may authorise Port of Melbourne Corporation to perform certain functions

The Minister may, in writing, authorise the Port of Melbourne Corporation to perform a function specified in section 141E(1)(a).".

77 Dredging by Port of Melbourne Corporation

In section 141F of the Transport Integration Act 2010, for "carrying out its functions as a channel operator" substitute "performing its functions under section 141E(1)(h)".

Division 2—Amendment of Port Management Act 1995

78 Definitions

(1) In section 3(1) of the Port Management Act 1995—

(a) for the definition of port licence fee substitute—

"port licence fee means the fee payable by the port licence holder under Part 2B;";

(b) in the definition of port of Melbourne land, in paragraph (a)(i), for "the Port of Melbourne Corporation" substitute "a public sector entity or the port of Melbourne operator".

(2) In section 3(1) of the Port Management Act 1995 insert the following definitions—

"anchorage means a place in port waters where vessels may anchor;




5

10

15

20

25

30

channel-dredging activities means any of the following activities to enable use of a channel by vessels—

(a) altering, dredging, cleansing, scouring, straightening and improving a channel;

(b) reducing or removing any banks or shoals within a channel;

(c) abating and removing any impediments, obstructions and nuisances in a channel that are injurious to the seabed or that obstruct or tend to obstruct navigation;

(d) placing or disposing of excavated or dredged material resulting from the carrying out of an activity referred to in paragraph (a), (b) or (c);

(e) undertaking any works necessary to place or dispose of excavated or dredged material resulting from the carrying out of an activity referred to in paragraph (a), (b) or (c);

leased port of Melbourne land means port of Melbourne land in respect of which the port of Melbourne operator holds a leasehold interest;

port licence means a licence granted under Division 5 of Part 3;

port licence holder means the holder of a port licence;

port of Melbourne operator means a person declared under section 4A to be the port of Melbourne operator;

provision of channels includes carrying out channel-dredging activities;




5

10

15

20

25

30

public entity has the same meaning as in the Public Administration Act 2004;

public sector entity has the same meaning as in the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2015;".

79 Owner of vessel or cargo

In section 4(2)(b) of the Port Management Act 1995, after "Corporation," insert "the port of Melbourne operator,".

80 New section 4A inserted

After section 4 of the Port Management Act 1995 insert—

"4A Declaration of port of Melbourne operator

The Minister, by Order published in the Government Gazette, may declare that a person specified in the Order is on and after a date specified in the Order the port of Melbourne operator.".

81 Accountability for damage


(a) after paragraph (a)(i) insert—

"(ia) any property (whether real or personal) of the port of Melbourne operator (being property used by the port of Melbourne operator in connection with the provision of channels by it); or";

(b) in paragraph (b), for "or a channel operator as channel operator," substitute "a channel operator as channel operator or the port of Melbourne operator";




5

10

15

20

25

30

(c) for "or the channel operator" substitute ", the channel operator or the port of Melbourne operator (as the case requires)".

(2) In section 23(2) of the Port Management Act 1995, for "or the channel operator" substitute ", the channel operator or the port of Melbourne operator".

(3) In section 23(2A) and (3) of the Port Management Act 1995, for "or a channel operator" substitute ", a channel operator or the port of Melbourne operator".

82 Liability of certain persons

In section 24(1) of the Port Management Act 1995, for "or a channel operator" substitute ", a channel operator or the port of Melbourne operator".

83 New section 44H substituted and new sections 44HAA and 44HA inserted

For section 44H of the Port Management Act 1995 substitute—

"44HAA Definitions

In this Part—

annual licence fee means the port licence fee payable under section 44H;

upfront licence fee means the port licence fee payable under section 44HA;

Victorian Transport Fund means the Fund established under section 13 of the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2015.




5

10

15

20

25

30

44H Liability to pay port licence fee

(1) The port licence holder is liable to pay a port licence fee in respect of the port licence the port licence holder holds.

(2) The port licence fee is payable for each financial year the port licence is in force on and after 1 July 2015 (an annual licence fee).

(3) The amount of the annual licence fee is the amount calculated in accordance with this Part.

(4) The amount of the annual licence fee that is payable is not to be adjusted even if the obligation to pay the fee arises after the beginning of the financial year in respect of which the fee is payable.

(5) No amount of an annual licence fee that has been paid is to be refunded if the port licence ceases to be in force before the end of the financial year in respect of which that fee has been paid.

44HA Treasurer may require upfront licence fee for a period instead of annual licence fees for that period

(1) Despite section 44H, the Treasurer, in respect of a period commencing on or after 1 July 2016 during which the port licence will be in force, may require the port licence holder to pay to the Treasurer, before that period commences, a fee determined by the Treasurer in relation to all of the financial years encompassed by that period (an upfront licence fee) instead of the annual licence fees that would otherwise be payable under section 44H for those financial years.




5

10

15

20

25

30

35

(2) In determining an upfront licence fee, the Treasurer may have regard to the way section 44J would otherwise apply to determine the annual licence fee for each financial year encompassed by the period to which the upfront licence fee relates.

(3) Subsection (2) does not limit how the Treasurer may determine an upfront licence fee.

(4) The payment of an upfront licence fee satisfies any obligation a port licence holder has to pay an annual licence fee for a financial year that would otherwise arise under section 44H if that upfront licence fee relates to a period that encompasses that financial year.

(5) No upfront licence fee, and no part of an upfront licence fee, that is paid in accordance with this section is to be refunded to the port licence holder except as provided under section 44N.".

84 Notice of annual licence fee

(1) In the heading to section 44K of the Port Management Act 1995, for "port" substitute "annual".

(2) In section 44K(1) of the Port Management Act 1995—

(a) for "a port" substitute "an annual";

(b) for "the port" substitute "the annual".

(3) In section 44K(2) of the Port Management Act 1995—

(a) for "Port of Melbourne Corporation" substitute "port licence holder";

(b) for "port" substitute "annual".




5

10

15

20

25

30

85 Method of payment of annual licence fee

(1) In the heading to section 44L of the Port Management Act 1995, for "port" substitute "annual".

(2) In section 44L(1) of the Port Management Act 1995—

(a) for "port" substitute "annual";

(b) for "Port of Melbourne Corporation" substitute "port licence holder".



(b) for "port" substitute "annual".



(b) for "State" substitute "Minister".

86 New sections 44M and 44N inserted

After section 44L of the Port Management Act 1995 insert—

"44M Where are port licence fees to be paid?

(1) An annual licence fee (including an instalment amount of an annual licence fee) is to be paid into the Consolidated Fund.

(2) An upfront licence fee is to be paid into the Victorian Transport Fund unless the Treasurer directs that the fee is to be paid into the Consolidated Fund.




5

10

15

20

25

30

44N Refund of upfront licence fee


(a) the port licence holder has paid an upfront licence fee; and

(b) before the period for which the port licence holder has paid that fee ends, the Minister revokes the holder's port licence under section 63J on a ground specified in the licence as a ground on which a refund of an upfront licence or part of an upfront licence fee is payable.

(2) There must be paid to the previous port licence holder an amount (the refund amount) that is attributable to the financial years that have not passed and are encompassed by the period to which the upfront licence relates.

(3) The refund amount must be paid as follows—

(a) if the upfront licence fee was paid into the Victorian Transport Fund and there are sufficient funds in that Fund for that payment, from that Fund;

(b) if the upfront licence fee was paid into the Victorian Transport Fund but there are insufficient funds in that Fund for that payment, from—

(i) that Fund; and

(ii) the Consolidated Fund in respect of any part of the amount that cannot be met by funds in the Victorian Transport Fund;




5

10

15

20

25

30

(c) if the upfront licence fee was paid into the Consolidated Fund, from the Consolidated Fund.

(4) The Consolidated Fund is appropriated to the extent necessary for the purposes of a payment of a refund amount under subsection (3)(b)(ii) or (c).


previous port licence holder means the person who held the port licence that has been revoked under section 63J and to which this section applies.".

87 Definitions

In section 45 of the Port Management Act 1995—

(a) insert the following definitions—

'adverse compliance report, in relation to a provider of prescribed services, means a final published report in which the Commission has found that the provider has not complied with a Pricing Order in a significant and sustained manner;

associated entity has the same meaning as in the Corporations Act;

authorised transaction has the same meaning as in the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2015;

Dedicated Channels means that part of port of Melbourne waters that are north of Fawkner Beacon;

enforceable provision means a provision of a Pricing Order that is prescribed;




5

10

15

20

25

30

ESC Minister means the Minister administering the Essential Services Commission Act 2001;

ESC Price Monitoring Determination means—

(a) the determination of the Commission under Part 3 of the Essential Services Commission Act 2001 titled the "Price Monitoring Determination for Victorian Ports 2010" made on 4 May 2010, as amended from time to time;

(b) any determination under Part 3 of the Essential Services Commission Act 2001 made by the Commission that revokes and substitutes, or supersedes, the determination referred to in paragraph (a), as amended from time to time;

final published report means a report on an inquiry under section 49I laid before each House of the Parliament or made available for public inspection in accordance with section 45 of the Essential Services Commission Act 2001;

port assets has the same meaning as in the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2015;

Pricing Order means an Order in Council made under section 49A;

Pricing Order transition period means the period specified under a Pricing Order;




5

10

15

20

25

30

35

protected provision means—

(a) a provision of a Pricing Order that specifies the initial values of assets used by a provider of prescribed services to provide those services, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong; or

(b) a provision of a Pricing Order that specifies the economic life of an asset used by a provider of prescribed services to provide those services for amortisation and depreciation purposes; or

(c) a provision of a Pricing Order specified under a Pricing Order as a protected provision;

re-regulation recommendation means a recommendation of the ESC Minister to the Governor in Council to make an Order under section 49A that amends or revokes provisions of a Pricing Order to make Division 3 apply in relation to the provision of prescribed services;

seaward limit means the line constituting the arc of a circle with a radius of 3 nautical miles centred on position 38°17'.52' S144°36'.84"E (Point Lonsdale Signal Station);

Shared Channels means that part of port of Melbourne waters extending from the seaward limit to Point Richards in the direction of Geelong and Fawkner Beacon in the direction of Melbourne,




5

10

15

20

25

30

35

including the channels known as the Great Ship Channel and adjacent channels and the South Channel;

show cause notice means a notice under section 49K(1).';

(b) in the definition of prescribed prices, for "section 49(b)" substitute "section 49(1)(b)";

(c) in the definition of prescribed services, for "section 49(c)" substitute "section 49(1)(c)";

(d) in the definition of regulated industry, for "section 49(a)." substitute "section 49(1)(a);";

(e) the definitions of channel operator, Competition Principles Agreement and prescribed channel are repealed.

88 Application of Part

(1) In section 47 of the Port Management Act 1995, for "This" substitute "Subject to this section, this".

(2) At the end of section 47 of the Port Management Act 1995 insert—

"(2) Division 3 applies (and Divisions 2A and 2B do not apply) in relation to the provision of prescribed services if a Pricing Order declares that—

(a) Division 3 applies in relation to the provision of prescribed services; and

(b) the Pricing Order (other than the protected provisions) does not apply in relation to the provision of prescribed services.




5

10

15

20

25

30

(3) To avoid doubt, Divisions 2A and 2B do not apply, and Division 3 applies, to the provision of prescribed services if there is no Pricing Order in effect.".

89 New section 48 substituted and new section 48A inserted

For section 48 of the Port Management Act 1995 substitute—

"48 Objectives of this Part

The objectives of this Part are—

(a) to promote efficient use of, and investment in, the provision of prescribed services for the long-term interests of users and Victorian consumers; and

(b) to allow a provider of prescribed services a reasonable opportunity to recover the efficient costs of providing prescribed services, including a return commensurate with the risks involved; and

(c) to facilitate and promote competition—

(i) between ports; and

(ii) between shippers; and

(iii) between other persons conducting other commercial activities in ports.

48A Commission must have regard to objectives of this Part

In addition to the objectives under section 8 of the Essential Services Commission Act 2001 (but subject to section 5(2) of that Act), the Commission must have regard to the objectives set out in section 48 when




5

10

15

20

25

30

performing its functions or exercising its powers in relation to the regulated industry.".

90 Price regulation—prescribed services

(1) For section 49(c)(i), (ii) and (iii) of the Port Management Act 1995 substitute—

"(i) the provision of channels (except anchorages) for use by shipping in port of Melbourne waters, including the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong and the Dedicated Channels used by vessels bound for the port of Melbourne;

(ii) the provision of berths, buoys or dolphins in connection with the berthing of vessels in the port of Melbourne;

(iii) the provision of short-term storage or cargo marshalling facilities in connection with the loading or unloading of vessels at berths, buoys or dolphins in the port of Melbourne;

(iv) the provision of access to, or allowing the use of, places or infrastructure (including wharves, slipways, gangways, roads and rail infrastructure) on port of Melbourne land for the provision of services to port users;Examples

Tanker, wharf and water inspection services, and security services, are kinds of services that are provided to port users on port of Melbourne land.

(v) any other service that is prescribed by the regulations.".




5

10

15

20

25

30

(2) At the end of section 49 of the Port Management Act 1995 insert—

"(2) For the purposes of Part 3 of the Essential Services Commission Act 2001—

(a) a granting of a lease or sublease by the port of Melbourne operator pursuant to which a person is permitted to provide any of the following in the port of Melbourne to other persons is not a prescribed service—

(i) container terminal or stevedoring operations;

(ii) automotive terminal or stevedoring operations;

(iii) dry-bulk terminal or stevedoring operations;

(iv) liquid-bulk terminal or stevedoring operations;

(v) break-bulk terminal or stevedoring operations;

(vi) an activity or operations specified in the regulations; and

(b) the services described in subparagraphs (i) to (v) of subsection (1)(c) are not prescribed services if the Port of Melbourne Corporation provides those services.".




5

10

15

20

25

91 New Division 2 of Part 3 inserted

After Division 1 of Part 3 of the Port Management Act 1995 insert—

"Division 2—Port of Melbourne Pricing Order

49A Pricing Order

(1) The Governor in Council, on the recommendation of the ESC Minister, may make an Order—

(a) for or with respect to the provision of prescribed services; and

(b) for the regulation, in such manner as the Governor in Council thinks fit, of the prices for the provision of prescribed services.

(2) Without limiting the generality of subsection (1)(a), an Order under subsection (1) may—

(a) declare whether Division 2A, 2B or 3, or the Order, applies in relation to the provision of prescribed services; andNote


(b) specify a provision of the Order as a protected provision; and

(c) specify a period commencing on the day the Pricing Order takes effect as the Pricing Order transition period; and

(d) specify procedures to enable monitoring of compliance with the Order; and




5

10

15

20

25

30

(e) specify how specified information is to be recorded and kept; and

(f) require persons to prepare and give reports to the Commission about specified information or specified matters.

(3) Without limiting the generality of subsection (1)(b), the manner may include any one or more of the following—

(a) monitoring the level of prices for prescribed services or any component of prescribed services;

(b) specifying pricing policies or principles;

(c) specifying cost measurement and allocation principles;

(d) specifying initial values of assets used by the port of Melbourne operator to provide prescribed services, including the initial values of the Shared Channels used by vessels bound either for the port of Melbourne or for the port of Geelong;

(e) specifying the treatment of capital expenditure;

(f) fixing the price or the rate of increase or decrease in a price;

(g) fixing a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price;

(h) fixing an average price for prescribed services or any component of prescribed services, or an average rate of increase or decrease in the average price;




5

10

15

20

25

30

35

(i) specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;

(j) specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the rate or supply of prescribed services or any component of prescribed services;

(k) fixing a maximum revenue or maximum rate of increase or minimum rate of decrease in the maximum revenue in relation to prescribed services or any component of prescribed services;

(l) providing for a return on, or return of, capital—

(i) before any relevant capital expenditure is incurred; or

(ii) over a period that is shorter than the projected economic life of the relevant asset; or

(iii) if the provider of prescribed services to whom the Order applies or any associated entity of the provider is a private sector entity who has been granted a lease of port assets for the purposes of an authorised transaction, on an uneven basis during the period that equates to the term of that lease.




5

10

15

20

25

30

49B General powers in relation to a Pricing Order

A Pricing Order may—

(a) confer functions and powers on, or leave any matter to be decided by, the Commission; and

(b) be of general or limited application; and

(c) differ according to differences in time, place or circumstances.

49C Pricing Order must be published in the Government Gazette

A Pricing Order must be published in the Government Gazette.

49D When Pricing Order takes effect

A Pricing Order takes effect—

(a) on the day the Order is published in the Government Gazette; or

(b) if a later day is specified in the Order, on that day.

49E Limitation on amending or revoking a Pricing Order

A Pricing Order cannot be amended or revoked except in accordance with this Division.

49F Circumstances in which a Pricing Order may be amended

(1) Subject to sections 49G and 49H, a Pricing Order may only be amended by an Order made under section 49A as follows—

(a) to revoke a provision that declares that Division 3 does not apply in relation to




5

10

15

20

25

30

the provision of prescribed services;Note


(b) to revoke a provision because of the commencement of port operations at a new container port in Victoria;

(c) to make consequential amendments to the Order as a result of a revocation of the kind provided under paragraph (a) or (b);

(d) with the agreement of the provider of prescribed services to whom the Order applies.

(2) A Pricing Order may only be amended as provided under subsection (1)(a) if the ESC Minister decides to make a re-regulation recommendation.Note

See also section 49L.

49G Circumstances in which a Pricing Order may be wholly revoked

A Pricing Order may be wholly revoked by an Order made under section 49A if—

(a) the provider of prescribed services to whom the Order applies is a public entity; or

(b) the provider of prescribed services to whom the Order applies agrees to the revocation.

49H Protected provisions cannot be revoked or amended etc.




5

10

15

20

25

30

(1) A protected provision that is in effect cannot be amended by another Order made under section 49A except with the agreement of the provider of prescribed services to whom the Order applies.

(2) In addition, the effect of a protected provision that is in effect cannot be altered or varied by another Order made under section 49A except with the agreement of the provider of prescribed services to whom the Order applies.

(3) A protected provision cannot be revoked except—

(a) when the Pricing Order is wholly revoked because of the circumstances set out in section 49G; or

(b) with the agreement of the provider of prescribed services to whom the Order applies.".

92 New Divisions 2A and 2B of Part 3 inserted


"Division 2A—Monitoring compliance with Pricing Order

49I Conduct of reviews into compliance with Pricing Order

(1) The Commission must, not later than 6 months after a review period, conduct and complete an inquiry under the Essential Services Commission Act 2001 and report to the ESC Minister—

(a) as to whether a provider of prescribed services to whom a Pricing Order




5

10

15

20

25

30

applies has complied with the Order during the review period; and

(b) if there was non-compliance with the Pricing Order, whether that non-compliance was, in the Commission's view, non-compliance in a significant and sustained manner.

(2) Subject to this Division, an inquiry under this section must be conducted in accordance with Part 5 of the Essential Services Commission Act 2001 but sections 40 and 46 of that Act do not apply in respect of that inquiry.

(3) As part of an inquiry under this section the Commission may take into account—

(a) any findings it has made in reports on previous inquiries under this section; and

(b) the nature and details of any instance of non-compliance with a Pricing Order by a provider of prescribed services that is the subject of a report on a previous inquiry under this section.

(4) Without limiting Part 5 of the Essential Services Commission Act 2001, a final report on an inquiry under this section must include—

(a) the Commission's findings as to whether there has been non-compliance with a Pricing Order by a provider of prescribed services that is non-compliance in a significant and sustained manner; and

(b) the Commission's reasons for those findings.




5

10

15

20

25

30

35


review period means—

(a) the period commencing on the day on which the first Pricing Order made under section 49A takes effect and ending 5 years after that day; and

(b) every subsequent period of 5 years commencing on the day after the day on which the previous period ends.

49J Draft report to be provided to provider of prescribed services

The Commission must—

(a) provide a draft of a report on an inquiry under section 49I to the provider of prescribed services who is the subject of the inquiry; and

(b) give the provider an opportunity to make a written submission to the Commission on that draft report before the Commission prepares its final report on the inquiry.

49K Giving of show cause notice to non-compliant provider of prescribed services

(1) If the ESC Minister, having regard to an adverse compliance report and after consultation with the Minister, considers that the provider of prescribed services who is the subject of the report has not complied with a Pricing Order in a significant and sustained manner, the ESC Minister may give the provider a written notice (a show cause notice).

(2) A show cause notice must—




5

10

15

20

25

30

35

(a) state that the ESC Minister considers that the provider of prescribed services has not complied with the Pricing Order in a significant and sustained manner and that the ESC Minister is considering making a re-regulation recommendation; and

(b) set out the nature and details of non-compliance with the Pricing Order that the ESC Minister considers constitute non-compliance in a significant and sustained manner; and

(c) specify any actions that the ESC Minister considers the provider may take to remedy that non-compliance or to prevent non-compliance, including the giving of an undertaking under section 49M; and

(d) state that the provider may make written submissions to the ESC Minister, in the time specified in the show cause notice, as to why, in the provider's view, the ESC Minister should not make a re-regulation recommendation.

(3) The time specified in a show cause notice for the purposes of subsection (2)(d) must not be less than 60 days after the notice is given to the provider.

(4) After receiving a written submission in response to a show cause notice, the ESC Minister, by written notice, may request further information from the provider of prescribed services within the period specified in that notice.




5

10

15

20

25

30

35

(5) The ESC Minister must not give a show cause notice until any appeal under section 55 of the Essential Services Commission Act 2001 relating to the adverse compliance report is finally heard and determined by the appeal panel under section 56 of that Act.

(6) The ESC Minister must cause to be published a show cause notice and a notice under subsection (4) on the Department's Internet site.

49L Re-regulation recommendation

(1) Subject to this section, after the giving of a show cause notice to a provider of prescribed services, the ESC Minister must decide whether to make a re-regulation recommendation.

(2) Before making a decision under subsection (1), the ESC Minister must consult with the Minister.

(3) In deciding whether to make a re-regulation recommendation, the ESC Minister must have regard to—

(a) any written submission of the provider of prescribed services in response to the show cause notice that the Minister receives within the time specified in the notice, including any undertakings the provider proposes to give under section 49M; and

(b) any further information the provider gives to the Minister on a request under section 49K(4); and

(c) whether the provider has breached any undertaking given under section 49N;




5

10

15

20

25

30

35

and

(d) whether it is in the public interest that Division 3 apply in relation to the provision of prescribed services.

(4) In having regard to the matter in subsection (3)(d), the ESC Minister must have regard to the objectives of this Part.

(5) The ESC Minister must decide whether to make a re-regulation recommendation within 90 days after the later of—

(a) the date specified in the show cause notice as the date by which the provider of prescribed services must make a submission; or

(b) the date on which the provider must provide the information requested under section 49K(4) to the ESC Minister.

49M Undertakings

(1) The ESC Minister may accept a written undertaking given by a provider of prescribed services who is the subject of an adverse compliance report in relation to the provider's non-compliance with a Pricing Order if the ESC Minister is satisfied that—

(a) the terms of the undertaking offered by the provider are appropriate to adequately address the provider's non-compliance with a Pricing Order; and

(b) the provider is reasonably likely to comply with the terms of the undertaking.

(2) Before accepting an undertaking under subsection (1), the ESC Minister must consult with the Minister.




5

10

15

20

25

30

35

(3) The provider of prescribed services may withdraw or vary the undertaking at any time, but only with the consent of the ESC Minister.

(4) The ESC Minister must cause to be published a copy of an undertaking accepted under subsection (1) on the Department's Internet site.

49N Enforcement of undertakings

(1) This section applies if the ESC Minister considers that a provider of prescribed services whose undertaking has been accepted under section 49M has breached any of its terms.

(2) The ESC Minister may apply to the Supreme Court for an order under subsection (4).

(3) Before making an application under subsection (2), the ESC Minister must consult with the Minister.

(4) If, on an application under subsection (2), the Supreme Court is satisfied that the provider of prescribed services has breached a term of the undertaking, the Court may make all or any of the following orders—

(a) an order directing the provider to comply with that term of the undertaking;

(b) an order directing the provider to pay to the State an amount up to the amount of any financial benefit that the provider has obtained directly or indirectly and that is reasonably attributable to the breach;

(c) any order that the Court considers appropriate directing the provider to




5

10

15

20

25

30

35

compensate any other person who has suffered loss or damage as a result of the breach;

(d) any other order that the Court considers appropriate.

Division 2B—Transitional enforcement regime

49O Application of Division

(1) This Division applies during the Pricing Order transition period.

(2) This Division does not limit Division 2A.

49P Enforcement of Pricing Order during Pricing Order transition period

If the Supreme Court is satisfied, on the application of the ESC Minister, that a provider of prescribed services has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of an enforceable provision, the Court may make all or any of the following orders—

(a) an order granting an injunction on such terms as the Court thinks appropriate—

(i) restraining the provider from engaging in the conduct; or

(ii) if the conduct involves refusing or failing to do something, requiring the provider to do that thing;

(b) an order directing the provider to pay to the State an amount up to the amount of any financial benefit that the provider has obtained directly or indirectly and




5

10

15

20

25

30

that is reasonably attributable to the contravention;

(c) an order directing the provider to compensate any other person who has suffered loss or damage as a result of the contravention;

(d) any other order that the Court thinks appropriate.".

93 New Division 3 heading substituted

For the heading to Division 3 of Part 3 of the Port Management Act 1995 substitute—

"Division 3—General economic regulation powers".

94 Repeal of section 53

Section 53 of the Port Management Act 1995 is repealed.

95 General power to make determinations

(1) For section 54(1) and (2) of the Port Management Act 1995 substitute—

"(1) This section applies if—

(a) there is no Pricing Order in effect and the ESC Minister determines that prescribed services are to be subject to price regulation; or

(b) there is a Pricing Order in effect and that Order declares that this Division applies to the provision of prescribed services.

(2) The Commission must make a determination in accordance with Part 3 of the Essential Services Commission Act 2001.".




5

10

15

20

25

30

(2) After section 54(3) of the Port Management Act 1995 insert—

"(3A) In addition, while a Pricing Order is in effect, the Commission must not make a determination under this section in relation to prescribed services provided in the port of Melbourne that does not give effect to, or has the effect of altering or varying, a protected provision.".

(3) Section 54(5) of the Port Management Act 1995 is repealed.


"(7) To avoid doubt, a determination made by the Commission under this section in relation to prescribed services provided in the port of Melbourne does not cease to have effect only because a Pricing Order ceases to have effect.".

96 New Division heading inserted

Insert the following heading after section 54 of the Port Management Act 1995—

"Division 3A—Service quality monitoring".

97 New section 54A inserted

Before section 55 of the Port Management Act 1995 insert—




5

10

15

20

25

"54A ESC Minister may direct Commission in relation to exercise of powers relating to standards and conditions of service and supply

(1) The ESC Minister may request, in writing, the Commission to exercise its powers under section 55(1).

(2) A request under subsection (1) may specify the time within which the Commission is to exercise its powers under section 55(1).

(3) The Commission must comply with a request it receives under subsection (1).".

98 Standards and conditions of service and supply

(1) In section 55(2) of the Port Management Act 1995 omit ", other than a power relating to prescribed services referred to in section 49(c)(iii)".

(2) Section 55(3), (4) and (5) of the Port Management Act 1995 are repealed.

99 New Division heading inserted

Insert the following heading before section 56 of the Port Management Act 1995—

"Division 3B—Information requirements and information

disclosure restrictions".

100 Division 5 of Part 3 substituted

For Division 5 of Part 3 of the Port Management Act 1995 substitute—




5

10

15

20

25

"Division 5—Port licences63A Provision of prescribed services without

licence prohibited

A person must not provide prescribed services unless the person—

(a) is the holder of a licence authorising the provision of the relevant prescribed services; or

(b) is exempted from the requirement to obtain a licence in respect of the provision of the relevant prescribed services.

Penalty: 100 penalty units and 10 penalty units for each day after the day on which a notice of contravention of this section is served on the person by the Minister.

63B Exemptions for public sector entities that are not the port of Melbourne operator

The following entities are exempted from the requirement to obtain a licence in respect of the provision of prescribed services—

(a) the Port of Melbourne Corporation;

(b) any other public sector entity if it is not the port of Melbourne operator.

63C Exemptions by Governor in Council

(1) The Governor in Council, by Order in Council published in the Government Gazette, may exempt a person from the requirement to obtain a licence in respect of the provision of the prescribed services specified in the Order in Council.

(2) An exemption may be of general or specific application.




5

10

15

20

25

30

(3) An exemption is subject to such terms, conditions and limitations as are specified in the Order in Council.

(4) An Order under subsection (1) may confer powers and functions on, and leave any matter to be decided by, the Minister.

63D Application for port licence

(1) A person may apply to the Minister for the issue of a licence authorising the provision of the prescribed services specified in the application.

(2) An application must be in a form approved by the Minister and be accompanied by such documents as may be required by the Minister.

(3) An application must be accompanied by the application fee (if any) fixed by the Minister.

63E Grant or refusal of application

(1) Subject to subsection (2), the Minister may grant or refuse an application for the issue of a licence for any reason the Minister considers appropriate.

(2) Subject to this section, the Minister may decide the procedures that are to apply in respect of the issue of a licence.

(3) The Minister must notify an applicant in writing of the Minister's decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for the Minister's decision.

63F Provisions relating to port licences

(1) A licence is to be issued for such term (if any) as is decided by the Minister and is




5

10

15

20

25

30

specified in the licence.

(2) Subject to this section, a licence is subject to such conditions as are decided by the Minister.

(3) Without limiting the generality of subsection (2), the conditions on a licence may include provisions—

(a) requiring the port licence holder to be the port of Melbourne operator; or

(b) requiring the port licence holder to comply with a requirement under Part 2B; or

(c) specifying procedures for the variation of the licence; or

(d) specifying grounds and procedures for the revocation of the licence.

(4) The Minister must consult with the Treasurer before deciding conditions specifying—

(a) procedures for the variation or revocation of the licence; or

(b) any grounds for the revocation of the licence.

(5) In addition, the Minister, in any conditions that the Minister decides that specify a procedure for the variation or revocation of the licence, must include a requirement that the Minister consult with the Treasurer before making any decision under that procedure.

63G Gazettal requirement in relation to grant of port licence

(1) The Minister must ensure that notice of the grant of a port licence is published in the




5

10

15

20

25

30

Government Gazette as soon as possible after the grant of a licence.

(2) A notice under subsection (1) must include—

(a) the name of the port licence holder; and

(b) the term of the port licence; and

(c) the place where a copy of the port licence may be inspected.

63H Compliance with conditions of port licence

A port licence holder must comply with the conditions of the port licence the port licence holder holds.

Penalty: 100 penalty units and 10 penalty units for each day after the day on which a notice of contravention of this section is served on the person by the Minister.

63I Variation of port licence

A port licence or the licence conditions may be varied—

(a) in accordance with the procedures specified in the licence conditions; or

(b) by agreement between the Minister (after consultation with the Treasurer) and the port licence holder.

63J Revocation of port licence

(1) The Minister may revoke a port licence on any ground specified in the licence conditions.




5

10

15

20

25

30

(2) The procedure that applies to a revocation of a port licence under subsection (1) is the procedure specified in the licence conditions (if any).

63K Transfer of port licence—on application by port licence holder

(1) A port licence holder may apply to the Minister for approval to transfer the port licence they hold.

(2) An application must be in a form approved by the Minister and be accompanied by such documents as may be required by the Minister.

(3) An application must be accompanied by the application fee (if any) fixed by the Minister.

(4) Subject to this section, the Minister may approve, or refuse to approve, the application for any reason the Minister considers appropriate.

(5) The Minister may, after consultation with the Treasurer, decide that, upon the transfer of the port licence under this section, the conditions to which the licence is subject are varied as decided by the Minister.

(6) Subject to this section, the Minister may decide the procedures that are to apply in respect of the transfer of a port licence.

(7) The Minister must notify an applicant in writing of the Minister's decision to approve or refuse to approve the application and, in the case of a decision to refuse to approve the application, of the reasons for the Minister's decision.

63L Transfer of port licence—on Minister's initiative




5

10

15

20

25

30

35

(1) The Minister, with the consent of the port licence holder, may transfer the port licence the port licence holder holds to another person.

(2) The Minister may, after consultation with the Treasurer, decide that, upon the transfer of the port licence under this section, the conditions to which the licence is subject are varied as decided by the Minister.".

101 New Division 6 of Part 3 inserted


"Division 6—Other matters63M Revocation of ESC Price Monitoring

Determination when Pricing Order takes effect

Despite anything to the contrary in the Essential Services Commission Act 2001 or this Act, unless sooner revoked, the ESC Price Monitoring Determination is revoked on the day the first Pricing Order takes effect.".

102 Towage requirements determination

(1) In section 73B(1) of the Port Management Act 1995—

(a) in paragraph (c), after "minimum" insert "towing and pushing";

(b) after paragraph (c) insert—

"(ca) the minimum emergency response capability (including minimum fire-fighting capabilities) of any such




5

10

15

20

25

30

vessels or class of such vessels and any specified standards applicable to such capabilities; and";

(c) in paragraph (e), for "services." substitute "services; and";

(d) after paragraph (e) insert—

"(f) the availability required for such vessels that have emergency response capabilities (including fire-fighting capabilities).".

(2) After section 73B(3) of the Port Management Act 1995 insert—

"(3A) A standard specified for the emergency response capabilities (including the fire-fighting capabilities) for a towage vessel, or a class of towage vessel, in a determination under subsection (1) must meet or exceed the relevant standard specified by the Director, Transport Safety under section 202B of the Marine Safety Act 2010.".

103 Process for making a towage requirements determination

For section 73C(1) of the Port Management Act 1995 substitute—

"(1) Subject to subsection (1A), the Port of Melbourne Corporation must publish notice of a proposal to make a towage requirements determination in the Government Gazette before making the determination.

(1A) The Port of Melbourne Corporation must consult with the port of Melbourne operator on the proposal at least 30 days before publishing a notice under subsection (1).".




5

10

15

20

25

30

104 Determination of towage conditions

In section 73J(2) of the Port Management Act 1995—

(a) in paragraph (b), after "minimum" insert "towing and pushing";

(b) after paragraph (b) insert—

"(ba) the minimum emergency response capability (including minimum fire-fighting capabilities) of any such vessels or class of such vessels and any specified standards applicable to such capabilities; and";

(c) in paragraph (d), for "services." substitute "services; and";

(d) after paragraph (d) insert—

"(e) the availability required for such vessels that have emergency response capabilities (including fire-fighting capabilities).".

105 Limitation on making towage conditions determinations

After section 73K(1)(b) of the Port Management Act 1995 insert—

"(ba) must not make a determination that specifies a standard that is to apply to the emergency response capabilities (including the fire-fighting capabilities) of a towage vessel, or class of towage vessel, to be supplied by the notified towage services provider that does not meet or exceed the relevant standard specified by the Director, Transport Safety under section 202B of the Marine Safety Act 2010; and".

106 Process for making towage conditions determination




5

10

15

20

25

30

For section 73N(1) of the Port Management Act 1995 substitute—

"(1) The Port of Melbourne Corporation must not make a towage conditions determination unless the Corporation has first consulted with—

(a) the Director, Transport Safety; and

(b) the port of Melbourne operator.".

107 New sections 74AA and 74AB inserted

Before section 74 of the Port Management Act 1995 insert—

"74AA Definitions

In this Part—

anchorage fee means a channel fee for the provision of an anchorage;Note

A channel includes anchorages—see the definition of channel in section 3(1).

approved channel fee means a channel fee approved by Order in Council under section 74AB;

approved wharfage fee means a wharfage fee approved by Order in Council under section 74AB;

designated State port entity means any of the following entities designated by Order in Council under section 74AB—

(a) the Port of Melbourne Corporation;

(b) a public entity other than the Port of Melbourne Corporation.

74AB Designated State port entities and approved wharfage fees and channel fees




5

10

15

20

25

30

The Governor in Council, by Order published in the Government Gazette, may do any one or more of the following—

(a) designate the Port of Melbourne Corporation or another public entity as a designated State port entity;

(b) approve a wharfage fee determined by a designated State port entity under section 74 as an approved wharfage fee;

(c) approve a channel fee (other than an anchorage fee) determined by the Port of Melbourne Corporation under section 75 as an approved channel fee.Note

The Port of Melbourne Corporation is the channel operator for port of Melbourne waters—see the definition of channel operator in section 3(1).".

108 Wharfage fees—port of Melbourne

(1) For section 74(1) of the Port Management Act 1995 substitute—

"(1) Subject to this Part—

(a) the port of Melbourne operator may determine a wharfage fee in respect of the provision of a site in the port of Melbourne at which stevedoring operations may be carried out; and

(b) a designated State port entity may determine a wharfage fee in respect of the provision of a site in the port of Melbourne at which stevedoring operations may be carried out.".




5

10

15

20

25

30

(2) In section 74(2) of the Port Management Act 1995, for "Subject to Part 3, a fee" substitute "A fee".


"(2A) The calculation of a fee by the port of Melbourne operator as provided under subsection (2) is subject to Part 3.".

(4) In section 74(3) of the Port Management Act 1995, for "Port of Melbourne Corporation" substitute "port of Melbourne operator or designated State port entity".

(5) In section 74(4) of the Port Management Act 1995, for "subsection (1) is payable to the Port of Melbourne Corporation" substitute "subsection (1)(a) is payable to the port of Melbourne operator and a fee determined under subsection (1)(b) that is an approved wharfage fee is payable to the designated State port entity that determined it".


(a) for "subsection (1)" substitute "subsection (1)(a) or an approved wharfage fee";

(b) for "Port of Melbourne Corporation" substitute "port of Melbourne operator or designated State port entity (as the case requires)".

109 Channel fees


(a) in paragraph (a)(i) omit "under this Act";




5

10

15

20

25

30

(b) for paragraph (b) substitute—

"(b) a channel operator may determine fees for—

(i) the provision of channels by the channel operator in the port waters of the channel operator for use by vessels; and

(ii) any service related to the provision of the service described in subparagraph (i); and

Note

The Port of Melbourne Corporation is the channel operator for port of Melbourne waters—see the definition of channel operator in section 3(1).

(c) the port of Melbourne operator may determine fees for—

(i) the provision of channels (other than anchorages) by the port of Melbourne operator in port of Melbourne waters for use by vessels; and

(ii) any service related to the provision of the service described in subparagraph (i).".

(2) For section 75(2)(c) of the Port Management Act 1995 substitute—

"(c) may differ according to the length of time vessels are in—

(i) if the fee is determined by the VRCA or the channel operator, the port waters of a port serviced by the VRCA or the channel operator (as the case requires); and




5

10

15

20

25

30

(ii) if the fee is determined by the port of Melbourne operator, port of Melbourne waters.".


"(2A) A fee determined by the port of Melbourne operator as provided under subsection (2) is subject to Part 3.".

(4) In section 75(3) of the Port Management Act 1995, for "A fee" substitute "Subject to subsection (3A), a fee".


"(3A) A fee determined under subsection (1) by the Port of Melbourne Corporation (other than an anchorage fee) is not payable under subsection (3) unless the fee is an approved channel fee.Note

The Port of Melbourne Corporation is the channel operator for port of Melbourne waters—see the definition of channel operator in section 3(1).".

(6) In section 75(4) of the Port Management Act 1995, for "or the channel operator" substitute ", the channel operator or the Port of Melbourne operator (as the case requires)".

110 Payment of wharfage and channel fees

(1) In section 78(1) of the Port Management Act 1995, for "Port of Melbourne Corporation" (where twice occurring) substitute "port of Melbourne operator, the designated State port entity".

(2) In section 78(2) and (3) of the Port Management Act 1995, for "Port of Melbourne Corporation"




5

10

15

20

25

30

substitute "port of Melbourne operator, the designated State port entity".

111 Interest on overdue payments

In section 79(1) of the Port Management Act 1995, for "Port of Melbourne Corporation" substitute "port of Melbourne operator, the designated State port entity".

112 Security for payment of wharfage and channel fees

(1) In section 80(1), (3), (4) and (5) of the Port Management Act 1995, for "Port of Melbourne Corporation" substitute "port of Melbourne operator, the designated State port entity".

(2) In section 80(2) of the Port Management Act 1995, for "Port of Melbourne Corporation" (where twice occurring) substitute "port of Melbourne operator, the designated State port entity".

113 Liability of current owners and agents

In section 81(1) of the Port Management Act 1995, for "or the channel operator" substitute ", the channel operator or the port of Melbourne operator".

114 Waiver or refund of wharfage or channel fees

In section 82 of the Port Management Act 1995, for "Port of Melbourne Corporation" substitute "port of Melbourne operator, the designated State port entity".

115 Definitions for the purposes of Part 5A

In section 83 of the Port Management Act 1995, in the definition of recommending authority, after paragraph (a) insert—




5

10

15

20

25

30

"(ab) in relation to an area, the declaration of which as a restricted access area is or may be recommended by the port of Melbourne operator, means the port of Melbourne operator; or".

116 Making a declaration of restricted access area

(1) In section 84(1)(a) of the Port Management Act 1995, after "land" insert ", that is not leased port of Melbourne land, ".


"(1AA) The Minister, on the recommendation of the port of Melbourne operator, may declare that any part of leased port of Melbourne land that is specified in the declaration (not being more than 12 square kilometres, in area) is an area to which access is restricted.".

117 Effect of declaration

In section 85 of the Port Management Act 1995, for "or 84(2)" substitute ", (1AA), (1A) or (2)".

118 Pollution abatement by Port of Melbourne Corporation

(1) In the heading to section 88J of the Port Management Act 1995, after "abatement" insert "by Port of Melbourne Corporation".

(2) In section 88J of the Port Management Act 1995, after "land" (wherever occurring) insert ", that is not leased port of Melbourne land, ".

119 New section 88JA inserted

After section 88J of the Port Management Act 1995 insert—




5

10

15

20

25

30

"88JA Pollution abatement by port of Melbourne operator


(a) pollutants have been or are being discharged on leased port of Melbourne land; or

(b) a condition of pollution is likely to arise on leased port of Melbourne land; or

(c) any potentially hazardous substance appears to have been abandoned or dumped on leased port of Melbourne land; or

(d) any potentially hazardous substance is being handled in a manner which is likely to cause an environmental hazard on leased port of Melbourne land.

(2) The port of Melbourne operator may conduct a clean up or cause a clean up to be conducted as the port of Melbourne operator considers necessary.".

120 Recovery of costs of clean up by Port of Melbourne Corporation

In the heading to section 88K of the Port Management Act 1995, after "up" insert "by Port of Melbourne Corporation".

121 New section 88KA inserted

After section 88K of the Port Management Act 1995 insert—




5

10

15

20

25

"88KA Recovery of costs of clean up by port of Melbourne operator

(1) If the port of Melbourne operator conducts a clean up under section 88JA, the port of Melbourne operator may recover any reasonable costs incurred by it in conducting the clean up from the person who caused the circumstances that gave rise to the need for the clean up to be conducted.

(2) The costs that may be recovered under subsection (1) include labour, administrative and overhead costs, determined on such basis as the port of Melbourne operator reasonably considers appropriate, incurred as a result of any action taken by it under subsection (1).

(3) An amount payable under subsection (1) may be recovered in any court of competent jurisdiction as a debt due to the port of Melbourne operator.".

122 Hazardous port activity notice

(1) In section 88M(1) of the Port Management Act 1995, after "land" insert "that is not leased port of Melbourne land".

(2) After section 88M(1) of the Port Management Act 1995 insert—

"(1A) A person who proposes to carry out a hazardous activity on leased port of Melbourne land must give notice to the Port of Melbourne Corporation and the port of Melbourne operator before doing so.

Penalty: 20 penalty units.".

(3) In section 88M(2) of the Port Management Act 1995, after "(1)" insert "or (1A)".

123 New section 88P substituted




5

10

15

20

25

30

For section 88P of the Port Management Act 1995 substitute—

"88P Offence to leave things in port waters or on port land

(1) A person must not leave any thing unattended in port of Melbourne waters or on port of Melbourne land that is not leased port of Melbourne land for more than one month without the permission of the Port of Melbourne Corporation.

Penalty: 60 penalty units.

(2) A person must not leave any thing unattended on leased port of Melbourne land for more than one month without the permission of the port of Melbourne operator.

Penalty: 60 penalty units.".

124 Removal of things

(1) In section 88Q(1) of the Port Management Act 1995—

(a) after "land" (where first occurring) insert ", that is not leased port of Melbourne land, and the port of Melbourne operator may move any thing or cause any thing to be moved from leased port of Melbourne land,";

(b) in paragraph (b), after "Port of Melbourne Corporation" insert "or port of Melbourne operator".

(2) In section 88Q(2) of the Port Management Act 1995—

(a) after "land" (where first occurring) insert ", that is not leased port of Melbourne land, and the port of Melbourne operator may




5

10

15

20

25

30

immediately remove any thing from leased port of Melbourne land,";

(b) in paragraphs (a) and (b), after "Corporation" insert "or port of Melbourne operator".

125 Powers when moving things

In section 88R(2) of the Port Management Act 1995, after "Corporation" (where twice occurring) insert "or port of Melbourne operator".

126 Requirement to make enquiries as to owner of thing

In section 88S of the Port Management Act 1995, after "Corporation" (where twice occurring) insert "or port of Melbourne operator".

127 Disposal of thing

(1) In section 88T(1) and (2) of the Port Management Act 1995, after "Corporation" (where twice occurring) insert "or port of Melbourne operator".

(2) In section 88T(4) of the Port Management Act 1995—

(a) after "Corporation" (where first and secondly occurring) insert "or port of Melbourne operator";

(b) after "Corporation" (where thirdly occurring) insert "or port of Melbourne operator (as the case requires)".

(3) In section 88T(5) of the Port Management Act 1995—

(a) for "Corporation" (where first occurring) substitute "Port of Melbourne Corporation or port of Melbourne operator";




5

10

15

20

25

30

(b) after "Corporation" (where secondly occurring) insert "or port of Melbourne operator";

(c) after "Corporation" (where thirdly occurring) insert "or port of Melbourne operator (as the case requires)".

128 Recovery of costs

(1) In section 88U(1) of the Port Management Act 1995, after "Corporation" (where twice occurring) insert "or port of Melbourne operator".

(2) In section 88U(2) of the Port Management Act 1995, after "Corporation" insert "or port of Melbourne operator (as the case requires)".

129 Payment of compensation

(1) In section 88V(1) of the Port Management Act 1995, after "Corporation" insert "or port of Melbourne operator".

(2) In section 88V(3)(b) of the Port Management Act 1995, after "Corporation" (where twice occurring) insert "or port of Melbourne operator".

130 Proceeds of disposal where owner not located

In section 88W of the Port Management Act 1995—

(a) in paragraph (a), after "Corporation" insert "or port of Melbourne operator";

(b) in paragraph (b), for "into the Consolidated Fund." substitute—

"—

(i) if the thing was disposed of by the Port of Melbourne Corporation, into the




5

10

15

20

25

30

Consolidated Fund; and

(ii) if the thing was disposed of by the port of Melbourne operator, to the State.".

131 New Part 5C inserted

After Part 5B of the Port Management Act 1995 insert—

"Part 5C—Regulation of activities in the port of Melbourne

Division 1—Preliminary88X Definitions

In this Part—

allowable purposes means the purposes set out in section 88ZI(2);

authorised officer means a person appointed under section 88ZL;

information direction means a direction given under 88ZI(1);

port operator direction means a direction given under 88Y(1);

reportable matter—see section 88ZG.

Division 2—Port operator directions88Y Directions to maintain or improve safety

and security




5

10

15

20

(1) The port of Melbourne operator, for the purpose of maintaining or improving safety and security on leased port of Melbourne land, may give directions that regulate or prohibit any of the following activities on that land—

(a) the driving, stopping and parking of vehicles;

(b) the movement, handling or storage of goods;

(c) any activity that may pose a risk to safety or security on that land.

(2) A port operator direction may be of general application or may be limited in its application to specified persons or a specified class of persons.

88Z How port operator directions are given

(1) A port operator direction may be given in any of the following ways—

(a) by notice displayed in the area of the leased port of Melbourne land where the direction applies;

(b) by notice published on the port of Melbourne operator's Internet site;

(c) by notice served on the person or persons to whom the direction applies.

(2) A port operator direction given by notice published on the port of Melbourne operator's Internet site is of no effect until a copy of the notice has been published in the Government Gazette.

(3) Before a port operator direction is given, not less than 2 weeks advance notice of the proposed direction must be given—




5

10

15

20

25

30

(a) to the harbour master engaged for the port of Melbourne waters; and

(b) to the Minister administering the Dangerous Goods Act 1985 if the direction relates to dangerous goods to which that Act applies.

(4) Advance notice of a proposed port operator direction is sufficiently given to the harbour master engaged for the port of Melbourne waters or the Minister administering the Dangerous Goods Act 1985 by being delivered or sent by post to the office of the harbour master or that Minister, as appropriate.

(5) Advance notice of a proposed port operator direction is not required if the direction is given in an emergency or is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property.

88ZA Enforcement of port operator directions

(1) A person to whom a port operator direction applies must comply with the direction unless compliance would result in the person contravening a requirement imposed by or under an Act.

(2) The port of Melbourne operator may enforce compliance with a port operator direction in any of the following ways—

(a) by removing from the leased port of Melbourne land any person who is contravening the direction;

(b) by removing from the leased port of Melbourne land or moving within that




5

10

15

20

25

30

35

land any vehicle that is stopped or parked in contravention of the direction;

(c) by removing from the leased port of Melbourne land or moving within that land any goods stored in contravention of the direction;

(d) by carrying out any work in the leased port of Melbourne land that a person has failed to carry out in contravention of the direction or that is reasonably required to be carried out to remedy a contravention of the direction.

(3) The power to remove or move a vehicle or goods from or within leased port of Melbourne land includes the power to place the vehicle or goods in secure storage pending return of the vehicle or goods to their owner.

(4) Anything done by or on behalf of the port of Melbourne operator reasonably and in good faith to enforce compliance with a port operator direction as permitted by this Division does not subject the port of Melbourne operator or any other person to any action, liability, claim or demand.

88ZB Recovery of costs


(a) a person fails to comply with a port operator direction; and

(b) as a result, the port of Melbourne operator incurs costs in enforcing compliance with the port operator direction.




5

10

15

20

25

30

(2) The port of Melbourne operator is entitled to recover from the person the reasonable costs incurred by it as a debt in a court of competent jurisdiction.

(3) A certificate issued by the port of Melbourne operator certifying as to the reasonable costs incurred by it in enforcing compliance with a port operator direction is evidence of the matters certified.

88ZC Advance notice of proposed work

(1) The port of Melbourne operator is not authorised to enforce compliance with a port operator direction by carrying out work that a person has failed to carry out in contravention of the direction, or that is reasonably required to be carried out to remedy a contravention by a person of the direction, unless the port of Melbourne operator has given the person advance notice of the proposed work.

(2) Advance notice of proposed work must—

(a) be given no less than 7 days before the work commences; and

(b) be given in writing; and

(c) give details of the alleged contravention concerned.

(3) Advance notice of proposed work is not required in an emergency or if the proposed work is necessary to avert an imminent threat of death or serious injury to persons or serious damage to property.

(4) In such a case, notice of the work being undertaken must be given as soon as reasonably practicable in the circumstances.




5

10

15

20

25

30

88ZD Power of entry

The port of Melbourne operator may enter any premises on leased port of Melbourne land at any time for the purpose of—

(a) ascertaining whether a port operator direction is being complied with or has been contravened; or

(b) doing anything that the port of Melbourne operator is authorised to do to enforce compliance with a port operator direction.

88ZE Functions and powers may be performed or exercised by authorised officers

(1) The functions and powers of the port of Melbourne operator under this Division may be performed or exercised on behalf of the port of Melbourne operator by an authorised officer.

(2) Accordingly, a reference in this Division to a port operator direction includes such a direction given by an authorised officer on behalf of the port of Melbourne operator.

(3) An authorised officer who enters land or premises under the authority of this Division may be accompanied by any person believed by the authorised officer to be capable of providing assistance in the performance or exercise of the authorised officer's functions or powers under this Division.

(4) An authorised officer may request the assistance of any police officer if the authorised officer reasonably believes that the performance or exercise of the authorised officer's functions or powers under this




5

10

15

20

25

30

Division will be obstructed or otherwise interfered with.

88ZF Obstruction of authorised officer

A person must not obstruct or otherwise interfere with an authorised officer in the performance of any function, or exercise of any power, of the authorised officer under this Division.


88ZG Monitoring of port operator directions

(1) The port of Melbourne operator must within 3 months after the end of each 6 month period ending on 30 June or 31 December in a year (beginning with the year 2015) provide details to the Minister of such of the following matters (reportable matters) as occurred in the period concerned—

(a) the giving of a port operator direction by the port of Melbourne operator;

(b) any port operator direction given by the port of Melbourne operator ceasing to have effect;

(c) any contravention of which the port of Melbourne operator is aware of a port operator direction given by the port of Melbourne operator;

(d) any exercise by the port of Melbourne operator of the power under section 88ZD to enter premises;

(e) any action taken by the port of Melbourne operator to enforce compliance with a port operator direction (being action authorised to be taken under this Part).




5

10

15

20

25

30

35

(2) The port of Melbourne operator must also provide details of reportable matters to the Minister as and when directed to do so by the Minister by written notice given to the port of Melbourne operator.

(3) A notice under subsection (2) must allow not less than 21 days for compliance with the direction.

(4) Information required to be provided by or under this section must be provided in such manner and form as the Minister may direct by written notice given to the port of Melbourne operator.

88ZH Publication of reports about port operator directions

(1) The Minister may publish reports and statements, based on information provided to the Minister under section 88ZG about reportable matters, subject to the following requirements—

(a) any such report or statement must not include information that identifies a person (or is likely to lead to the identification of a person) as a person who has contravened a port operator direction;

(b) the Minister must provide the port of Melbourne operator with a copy of the proposed report or statement at least 14 days before it is published.

(2) No liability (including liability in defamation) is incurred for publishing in good faith a report or statement under this section or a fair report or summary of such a report or statement.




5

10

15

20

25

30

35

Division 3—Information gathering by port of Melbourne operator

88ZI Power to require information to be provided

(1) The port of Melbourne operator, by written direction (an information direction), may require any of the following persons to provide relevant information to the port of Melbourne operator—

(a) the master of any vessel that berths in the port of Melbourne;

(b) a shipping agent for goods shipped to, from or within the port of Melbourne;

(c) a consignor or consignee of goods shipped to, from or within the port of Melbourne;

(d) an operator of stevedoring or other facilities on leased port of Melbourne land.

(2) Information is relevant information if it is information that the port of Melbourne operator reasonably requires for any of the following purposes—

(a) monitoring compliance with port operator directions;

(b) determining liability for and the amount of, and facilitating the collection of, wharfage fees and channel fees;

(c) compiling statistics that the port of Melbourne operator is—




5

10

15

20

25

30

(i) directed, in writing, by the Minister to compile; or

(ii) required to compile by or under an Act or an agreement with the State or a public entity;

(d) co-ordinating communication at the port;

(e) any purpose prescribed by the regulations in connection with the operation and management of the port of Melbourne.

(3) An information direction must allow a reasonable period of not less than 14 days for compliance with the direction unless the direction is given in response to an emergency or to avert an imminent threat of death or serious injury to persons or serious damage to property (in which case compliance is required as soon as reasonably practicable).

88ZJ Use and disclosure of information collected

The port of Melbourne operator is authorised to use and disclose information provided to it in compliance with an information direction for any allowable purpose for which it is authorised to require the information.

88ZK Compliance with information direction

(1) A person must not without reasonable excuse fail to comply with an information direction given to the person.

Penalty: In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.




5

10

15

20

25

30

35

(2) A duty of confidentiality is not a reasonable excuse for failure to comply with an information direction.

(3) A person must not in purported compliance with an information direction given to the person provide information that the person knows, or ought reasonably to know, is false or misleading in a material particular.



(4) The provision of information that would otherwise constitute a breach of a duty of confidentiality does not constitute such a breach if the information is provided in compliance with an information direction.

Division 4—Authorised officers 88ZL Appointment

(1) The chief executive officer of the port of Melbourne operator, by instrument, may appoint as an authorised officer any officer, employee or agent of the port of Melbourne operator who the chief executive officer considers is suitably qualified or trained to exercise the powers of an authorised officer under this Part.

(2) An appointment under subsection (1) is for a term, and subject to the conditions, specified in the instrument of appointment.




5

10

15

20

25

30

(3) The chief executive officer of the port of Melbourne operator, by instrument, may delegate the chief executive's power under subsection (1) to an officer or employee of the port of Melbourne operator.

88ZM Identity cards

(1) The port of Melbourne operator must cause to be issued an identity card to an authorised officer appointed under section 88ZL.

(2) An identity card must—

(a) state the authorised officer's name and their appointment as an authorised officer; and

(b) include any other matter that is prescribed.

88ZN Return of identity cards

If a person to whom an identity card has been issued ceases to be an authorised officer, the person must return the identity card to the port of Melbourne operator as soon as practicable.


88ZO Production of identity card

(1) An authorised officer must produce the officer's identity card for inspection—

(a) before exercising a power under this Part; or

(b) if asked to do so by any person at any time during the exercise of a power under this Part.





5

10

15

20

25

30

(2) Subsection (1) does not apply if—

(a) the authorised officer reasonably believes that the production of the officer's identity card would affect the safety or welfare of any person; or

(b) the request to produce the identity card is made by a person to whom the authorised officer has already produced that identity card on the same day before exercising a power under this Part.

(3) Any action taken or thing done by an authorised officer under this Part is not invalidated by the officer's failure to produce the officer's identity card.".

132 New section 91BA inserted

After section 91B of the Port Management Act 1995 insert—

"91BA Extended meaning of port manager

(1) Without limiting the meaning of port manager in section 3(1), for the purposes of this Part, the port of Melbourne operator is also a port manager who manages, superintends or controls the operation of a part of the port of Melbourne when the operator is—

(a) carrying out channel-dredging activities in port of Melbourne waters; or

(b) establishing or maintaining navigational aids in connection with navigation in port of Melbourne waters.

(2) To avoid doubt, the activities referred to in subsection (1)(a) and (b) are part of the operations of the port of Melbourne.".




5

10

15

20

25

30

133 Port manager's responsibilities for management plans

(1) In section 91C(2)(a) and (b) of the Port Management Act 1995, after "port" insert "or part of the port".

(2) In section 91C(4)(a) of the Port Management Act 1995, after "port" (where secondly occurring) insert "or part of the port".

134 Safety and environment management plans

(1) In section 91D(1)(f) of the Port Management Act 1995, after "port" insert "or part of the port".

(2) In section 91D(1)(h) of the Port Management Act 1995, after "port" (where secondly occurring) insert "or part of the port".

(3) In section 91D(2) of the Port Management Act 1995—

(a) after "a port" insert "or part of a port";

(b) after "the port" (where twice occurring) insert "or part of the port".

(4) In section 91D(3) of the Port Management Act 1995, after "port" insert "or part of a port".

135 Audits of compliance

In section 91E(1) and (2) of the Port Management Act 1995—

(a) after "port" (where first occurring) insert "or a part of a commercial trading port";

(b) after "port" (where thirdly occurring) insert "or the part of the port".




5

10

15

20

25

136 Ministerial directions

(1) In section 91H(1) of the Port Management Act 1995, after "the port" insert "or the part of the port".

(2) In section 91H(3)(a) and (b) of the Port Management Act 1995, after "the port" insert "or the part of the port".

(3) In section 91H(4) and (5) of the Port Management Act 1995, after "the port" (where secondly occurring) insert "or the part of the port".

137 Reporting

In section 91HB(1) of the Port Management Act 1995, after "the port" insert "or the part of the port".

138 Definitions for the purposes of Part 6B

In section 91J of the Port Management Act 1995, in the definition of relevant port authority, for paragraph (a) substitute—

"(a) in the case of the port of Melbourne, the port of Melbourne operator;".

139 Port Development Strategy

In section 91K(1) of the Port Management Act 1995, for "4 years" substitute "5 years".

140 Regulations


"(1A) In addition, the Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.".




5

10

15

20

25

30

(2) Before section 98(2)(a) of the Port Management Act 1995 insert—

"(aa) so as to be of general or limited application;

(aab) so as to differ according to differences in time, place or circumstances;".

(3) Section 98(2)(a)(i) of the Port Management Act 1995 is repealed.

Division 3—Amendment of Marine Safety Act 2010141 Definitions

In section 3(1) of the Marine Safety Act 2010—

(a) insert the following definitions—

"Emergency Management Commissioner has the same meaning as in the Emergency Management Act 2013;

port of Melbourne operator has the same meaning as in the Port Management Act 1995;";

(b) in the definition of port management body, in paragraph (a), after "Corporation" insert "when it is performing functions and exercising powers in the port of Melbourne".

142 Principle of shared responsibility

In section 15(1)(e) of the Marine Safety Act 2010, after "bodies" insert ", the port of Melbourne operator".

143 New Part 2.2A inserted

After Part 2.2 of the Marine Safety Act 2010 insert—




5

10

15

20

25

"Part 2.2A—Safety duty of port of Melbourne operator

25 Duty of port of Melbourne operator to ensure safety of marine safety infrastructure operations

(1) The port of Melbourne operator must, so far as is reasonably practicable, ensure the safety of marine safety infrastructure operations carried out by it or supplied to it in the port of Melbourne.



(2) Without limiting subsection (1), the port of Melbourne operator contravenes that subsection if the port of Melbourne operator fails to do any of the following—

(a) provide or maintain marine safety infrastructure that is, so far as is reasonably practicable, safe;

(b) provide or maintain systems of marine safety work that are, so far as is reasonably practicable, safe;

(c) provide, so far as is reasonably practicable, such—

(i) information, instruction, training or supervision to marine safety workers as is necessary to enable those workers to perform their marine safety work in a way that is safe; and




5

10

15

20

25

30

(ii) information to persons (other than marine safety workers) at, or in the immediate area around, a place where marine safety work is being performed as is necessary to enable those persons to ensure their safety.

(3) An offence against subsection (1) is an indictable offence.".

144 New section 200 substituted

For section 200 of the Marine Safety Act 2010 substitute—

"200 Consultation required before making a determination

Before the Safety Director makes a determination under section 199, the Safety Director must consult with—

(a) every port management body, local port manager or waterway manager that the Director considers will need to comply with the determination; and

(b) the port of Melbourne operator if it will need to comply with the determination.".

145 Offence to fail to comply with standard determined under this Part

In section 202 of the Marine Safety Act 2010, after "body" insert ", the port of Melbourne operator".




5

10

15

20

25

146 New Part 5.2A inserted

After Part 5.2 of the Marine Safety Act 2010 insert—

"Part 5.2A—Standards for emergency response capabilities of

towage vessels in port waters202A Definitions

In this Part—

commercial trading port has the same meaning as in the Port Management Act 1995;

towage service has the meaning given by section 73A of the Port Management Act 1995;

towage vessel has the meaning given by section 73A of the Port Management Act 1995.

202B Determination of the standards for emergency response capabilities of towage vessels

(1) Subject to this Part, the Safety Director, by notice published in the Government Gazette, may determine standards for the emergency response capability (including fire-fighting capability) of a towage vessel or a class of towage vessel required to be provided at a commercial trading port as part of a towage service.

(2) A determination under subsection (1) must set out the reasons for the making of a determination.




5

10

15

20

25

30

202C Consultation required before making a determination

Before the Safety Director makes a determination under section 202B, the Safety Director must consult with—

(a) the port management body in relation to the commercial trading port at which the towage vessels are to be provided; and

(b) if the towage vessels are to be provided in the port of Melbourne, the port of Melbourne operator; and

(c) the harbour master engaged for the waters of the commercial trading port at which the towage vessels are to be provided; and

(d) each person who provides towage services in the commercial trading port at which the towage vessels are to be provided; and

(e) the Emergency Management Commissioner; and

(f) if the standard to be determined relates to the fire-fighting capabilities of a towage vessel or a class of towage vessel, the Metropolitan Fire and Emergency Services Board and the Country Fire Authority.

202D Matters that must be considered in making a determination

In making a determination under section 202B, the Safety Director must have regard to—




5

10

15

20

25

30

(a) the safety risk, or the nature and level of a safety risk, that the determination is intended to minimise or eliminate; and

(b) whether there are alternative ways (legislative or otherwise) to address the matter to be addressed by the determination; and

(c) the expected benefits and costs of the determination on those persons likely to be affected by the determination, if made; and

(d) the requirements that are necessary for the safe and efficient operation of the relevant commercial trading port.".

147 Provision or maintenance of navigation aids by Safety Director

In section 261(1) of the Marine Safety Act 2010—

(a) after "port management body," (where first occurring) insert "the port of Melbourne operator,";

(b) in paragraphs (a) and (b), after "port management body," insert "the port of Melbourne operator, the".

148 Recovery of costs

In section 263(a) of the Marine Safety Act 2010, after "port management body," insert "the port of Melbourne operator,".

149 Acquisition of land

In section 271(1) of the Marine Safety Act 2010, after "port management body," insert "the port of Melbourne operator,".




5

10

15

20

25

30

Division 4—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988

150 Definitions

In section 3(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, in the definition of port management body, in paragraph (a), after "Corporation" insert "when it is performing functions and exercising powers in the port of Melbourne".

Division 5—Amendment of Essential Services Commission Act 2001

151 Definitions

In section 3 of the Essential Services Commission Act 2001—

(a) in the definition of empowering instrument—

(i) in paragraph (e), for "1994;" substitute "1994; or";

(ii) after paragraph (e) insert—

"(f) a port Pricing Order;";

(b) insert the following definitions—

"Commission port Pricing Order decision means a decision of the Commission made under a provision of a port Pricing Order that is prescribed;

port Pricing Order means an Order made under section 49A of the Port Management Act 1995;".




5

10

15

20

25

152 Order declaring a regulated industry

After section 4(8) of the Essential Services Commission Act 2001 insert—

"(9) While a port Pricing Order is in effect, this section does not apply to—

(a) the ports industry in the port of Melbourne within the meaning of the Port Management Act 1995; or

(b) the Port Management Act 1995 in respect of the port of Melbourne.".

153 Right of appeal

(1) In section 55(1) of the Essential Services Commission Act 2001—

(a) in paragraph (c), for "Commission—" substitute "Commission; or";


"(d) a decision of the Commission contained in a final published report (as defined in section 45 of the Port Management Act 1995) that a provider of prescribed services (as defined in that section) has not complied with a port Pricing Order in a significant and sustained manner; or

(e) a Commission port Pricing Order decision—".

(2) In section 55(1A) of the Essential Services Commission Act 2001, after "subsection (1)" insert "as it applies to an appeal against a requirement, decision or determination contemplated by subsection (1)(a), (b) or (c)".




5

10

15

20

25

30


(a) in paragraph (c)(ii), for "respect." substitute "respect;";


"(d) under subsection (1)(d) is that the decision—

(i) was not made in accordance with the law; or

(ii) is unreasonable having regard to all the relevant circumstances;

(e) under subsection (1)(e) is that the decision—

(i) was not made in accordance with the law; or

(ii) is unreasonable having regard to all the relevant circumstances.".


(a) in paragraph (b), for "published." substitute "published; or";

(b) after paragraph (b) insert—

"(c) in the case of an appeal under subsection (1)(d), within 21 working days after the final report in which the decision is contained is laid before each House of the Parliament or a copy is made available for public inspection under section 45; or

(d) in the case of an appeal under subsection (1)(e), within 14 working days after the Commission port Pricing Order decision is made.".




5

10

15

20

25

30

(5) After section 55(6) of the Essential Services Commission Act 2001 insert—

"(7) If a person lodges an appeal under subsection (1)(d), the decision of the Commission contained in a final published report (as defined in section 45 of the Port Management Act 1995) continues in effect until the appeal is determined.

(8) If a person lodges an appeal under subsection (1)(e), the Commission port Pricing Order decision continues in effect until the appeal is determined.".

154 Appeal panel

(1) In section 56(4)(b) of the Essential Services Commission Act 2001, after "55(1)(c)," insert "55(1)(d) or 55(1)(e),".


(a) in paragraph (d)(iii), for "panel." substitute "panel; and";

(b) after paragraph (d) insert—

"(e) in the case of an appeal under section 55(1)(d), may in granting the appeal—

(i) affirm the decision of the Commission; or

(ii) vary the decision of the Commission; or

(iii) set aside the decision of the Commission and remit it to the Commission for amendment of the decision and the final report which contains the decision in accordance with the decision and




5

10

15

20

25

30

recommendations (if any) of the appeal panel; and

(f) in the case of an appeal under section 55(1)(e), may in granting the appeal—

(i) affirm the Commission port Pricing Order decision; or

(ii) vary the Commission port Pricing Order decision; or

(iii) set aside the Commission port Pricing Order decision and remit it to the Commission for amendment of the decision in accordance with the decision and recommendations (if any) of the appeal panel.".

(3) In section 56(11) of the Essential Services Commission Act 2001, for "or 55(1)(b)" substitute ", 55(1)(b), 55(1)(d) or 55(1)(e)".

Division 6—Amendment of Land Act 1958155 Definitions for the purposes of Part XII

In section 384(1) of the Land Act 1958 insert the following definition—

"port of Melbourne operator has the same meaning as in the Port Management Act 1995;".

156 Crown property in beds and banks of certain watercourses

In section 385(2) of the Land Act 1958—

(a) in paragraph (f), after "Authority;" insert "or";

(b) after paragraph (f) insert—

"(g) the port of Melbourne operator;".




5

10

15

20

25

30

Division 7—Repeal of amending Part157 Repeal of amending Part

This Part is repealed on the first anniversary of the first day on which all of its provisions are in operation.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).




5

Part 9—Port of Melbourne Corporation name change amendments

Division 1—Amendment of Transport Integration Act 2010

158 Definitions

(1) Insert the following definition in section 3 of the Transport Integration Act 2010—

"Victorian Ports Corporation (Melbourne) means the body corporate continued under section 141B;".

(2) In section 3 of the Transport Integration Act 2010—

(a) the definition of Port of Melbourne Corporation is repealed;

(b) in the definition of transport body, for paragraph (p) substitute—

"(p) the Victorian Ports Corporation (Melbourne);";

(c) in the definition of Transport Corporation, for paragraph (d) substitute—

"(d) the Victorian Ports Corporation (Melbourne); or".

159 Division heading substituted

For the heading to Division 3A of Part 6 of the Transport Integration Act 2010 substitute—

"Division 3A—Victorian Ports Corporation (Melbourne)".




5

10

15

20

25

160 Port of Melbourne Corporation name change to Victorian Ports Corporation (Melbourne)

(1) For the heading to section 141B of the Transport Integration Act 2010 substitute—

"Victorian Ports Corporation (Melbourne)".

(2) After section 141B(2) of the Transport Integration Act 2010 insert—

"(3) The Victorian Ports Corporation (Melbourne) is the same body as the Port of Melbourne Corporation, despite the change to its name by Part 9 of the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2015 and no act, matter or thing is to be affected because of that change of name.

(4) On and after the commencement of section 160 of the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2015, any reference in any Act (other than this Act), regulation, instrument or other document whatsoever to the Port of Melbourne Corporation is to be construed as a reference to the Victorian Ports Corporation (Melbourne) unless the contrary intention appears.".

Division 2—Consequential amendments161 Reference to Port of Melbourne Corporation

In section 3, in the definition of Port Corporation, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".




5

10

15

20

25

30

162 Consequential amendments

On the coming into operation of an item in Schedule 1, the Act specified in the heading to that item is amended as set out in the item.

Division 3—Repeal of amending Part and Schedule 1

163 Repeal of amending Part and Schedule 1

This Part and Schedule 1 are repealed on the first anniversary of the first day on which all of the provisions of this Part are in operation.

Note

The repeal of this Part and Schedule 1 does not affect the continuing operation of the amendments made by this Part and that Schedule (see section 15(1) of the Interpretation of Legislation Act 1984).




5

10

15

Schedule 1—Consequential amendmentsSection 162

1 Borrowing and Investment Powers Act 1987

1.1 In item 7A of Schedule 1, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

2 Docklands Act 1991

2.1 In section 28(2), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

2.2 In section 32(1)(a), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

3 Land Act 1958

3.1 In section 385(2)(e), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

4 Marine Safety Act 2010

4.1 In section 3(1)—

(a) insert the following definition—

"Victorian Ports Corporation (Melbourne) has the same meaning as in the Transport Integration Act 2010;";

(b) in paragraph (a) of the definition of port management body, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)";

(c) the definition of Port of Melbourne Corporation is repealed.

4.2 In section 220(1), for "Port of Melbourne Corporation" substitute "Victorian Ports




5

10

15

20

25

30

Corporation (Melbourne)".


5 Marine (Drug, Alcohol and Pollution Control) Act 1988




(b) in paragraph (a) of the definition of port management body, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)";

(c) the definition of Port of Melbourne Corporation is repealed.

6 Metropolitan Fire Brigades Act 1958

6.1 In section 32B(5), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7 Port Management Act 1995




(b) in paragraph (a) of the definition of channel operator, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)";




5

10

15

20

25

30

(c) in the definition of port corporation, for "Port of Melbourne Corporation" substitute "the Victorian Ports Corporation (Melbourne)";

(d) the definition of Port of Melbourne Corporation is repealed.

7.2 In section 4(2)(b), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.3 In section 7, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.4 In section 49(2)(b), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.5 In section 63B(a), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.6 In sections 64(4)(c) and 65(b), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.7 In the heading to section 66, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.8 In section 66, for "Port of Melbourne Corporation" (where four times occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.9 In section 73B, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.10 In sections 73C(1), 73C(1A), 73D(1) and 73E(2), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".




5

10

15

20

25

30

7.11 In section 73F, for "Port of Melbourne Corporation" (where three times occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.12 In section 73G, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.13 In sections 73H, 73I, 73J and 73K, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.14 In section 73L, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.15 In section 73N, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.16 In sections 73O and 73P, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.17 In section 74AA, in the definition of designated State port entity, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.18 In section 74AB(a) and (c), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.19 In the note at the foot of section 74AB, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.20 In the note at the foot of section 75(1)(b), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.21 In section 75(3A), for "Port of Melbourne Corporation" substitute "Victorian Ports




5

10

15

20

25

30

35

Corporation (Melbourne)".

7.22 In the note at the foot of section 75(3A), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.23 In section 83, in paragraph (a) of the definition of recommending authority, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".


7.25 In the heading to section 88J, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.26 In section 88J, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.27 In the heading to section 88K, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.28 In section 88K, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.29 In section 88M, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.30 In section 88P, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.31 In section 88Q, for "Port of Melbourne Corporation" (where four times occurring) substitute "Victorian Ports Corporation (Melbourne)".




5

10

15

20

25

30

7.32 In sections 88R(2) and 88S, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.33 In section 88T, for "Port of Melbourne Corporation" (wherever occurring) substitute "Victorian Ports Corporation (Melbourne)".

7.34 In sections 88U(1), 88V(1), 88W(a) and 88W(b)(i), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

7.35 In section 97, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

8 Transport Integration Act 2010

8.1 In the heading to section 141C, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

8.2 In section 141C, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

8.3 In the heading to section 141D, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

8.4 In section 141D(1), for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

8.5 In the heading to section 141E, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

8.6 In section 141E, for "Port of Melbourne Corporation" (wherever occurring) substitute "Victorian Ports Corporation (Melbourne)".

8.7 In the heading to section 141EA, for "Port of Melbourne Corporation" substitute




5

10

15

20

25

30

"Victorian Ports Corporation (Melbourne)".

8.8 In section 141EA, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation".

8.9 In the heading to section 141F, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

8.10 In section 141F, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

8.11 In the heading to section 141G, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

8.12 In section 141G, for "Port of Melbourne Corporation" (where twice occurring) substitute "Victorian Ports Corporation (Melbourne)".

8.13 In section 141H, for "Port of Melbourne Corporation" (where five times occurring) substitute "Victorian Ports Corporation (Melbourne)".




8.17 In sections 164(2), 165(13), 166(2), 167(3) and 169(3), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".




5

10

15

20

25

30

9 Transport (Compliance and Miscellaneous) Act 1983

9.1 In section 230L(1)(b), for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

10 Treasury Corporation of Victoria Act 1992

10.1 In section 36A, in the definition of public authority, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

10.2 In Schedule 1, for "Port of Melbourne Corporation" substitute "Victorian Ports Corporation (Melbourne)".

═══════════════




5

10

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes



http://www.legislation.vic.gov.au/

By Authority. Government Printer for the State of Victoria.

Endnotes



delivering victorian infrastructure (port of melbourne ...file/581014bi1.docx · web...

Documents