F36 Regulation of charges(cf PMA Regulation 2007 cl 18W)
(1) The Minister may, by direction in writing to a stevedore or stevedore service provider, regulate the charges that may be imposed by the stevedore or stevedore service provider for or in connection with the operation or provision of facilities or services of the port-related supply chain at Port Botany, including (without limitation): (a) by regulating the charges that can be imposed for or in connection with truck servicing, rail servicing or the storage of containers, and (b) by requiring the giving of notice to the Minister of the imposition of a new charge or an increase in the amount of an existing charge, and (c) by requiring a stevedore or stevedore service provider to provide information to the Minister or TfNSW about charges imposed or proposed to be imposed or increased by the stevedore or stevedore service provider. (2) A stevedore or stevedore service provider is not entitled to impose, collect or recover any charge in contravention of a direction under this clause. (3) Any charge paid by a person that was imposed on the person in contravention of a direction under this clause may be recovered by the person as a debt due from the person to whom it was paid. (4) A stevedore or stevedore service provider who imposes a charge in contravention of a direction under this clause is guilty of an offence. Maximum penalty: 500 penalty units. (5) A stevedore or stevedore service provider who fails to give notice or provide information as required by a direction under this clause is guilty of an offence. Maximum penalty: 100 penalty units. (6) A person must not in purported compliance with a requirement imposed by a direction under this clause provide information that the person knows is false or misleading in a material particular. Maximum penalty: 100 penalty units. |