Division 868 Payment and collection of charges
(1) A charge under this Part is payable on demand by the relevant port authority, or at such time, or on such terms, as the relevant port authority may determine in respect of the person liable to pay it.(2) Agents may be appointed by the relevant port authority for collection of charges.(3) If the relevant port authority is the Minister, the Minister may appoint a Port Corporation or any other person as the agent for the collection of charges. The appointment may also be made in an operating licence issued to a Port Corporation.(4) A charge under this Part is a debt due to the relevant port authority from the person liable to pay it, and is recoverable by the relevant port authority in any court of competent jurisdiction.(5) If there is more than one person liable to pay a charge under this Part, those persons are jointly and severally liable to pay the charge.
69 Payment of charges to Minister to be credited to Consolidated Fund
Payments of charges under this Part that are made to the Minister as the relevant port authority (and any remittance to the Minister of part of a navigation service charge under the operating licence of a Port Corporation) are to be paid into the Consolidated Fund.
70 Interest on overdue payments
(1) The relevant port authority may charge interest, at a rate determined by the authority, on charges under this Part that are unpaid by the due date.(2) Different rates may be determined for charges that remain unpaid for different periods of time.(3) Unless the regulations otherwise provide, the rate determined in respect of any period is not to exceed 5 per cent per annum above the interest rate that in the ordinary course of business would be charged by the Commonwealth Bank for the relevant period on unsecured overdrafts of more than $100,000.
71 Security for payment of charges
(1) As security for the payment of charges that have been or may be incurred under this Part by a person, the relevant port authority may require the person to lodge with it a security deposit.(2) The security deposit may take the form of cash or a guarantee from a bank, building society or credit union or such other form as the relevant port authority may approve, and is to be in or for an amount determined by the relevant port authority.(3) The relevant port authority may appropriate a security deposit or the proceeds of a security deposit to meet liabilities of the depositor (including any interest payable) under this Part that are unpaid after becoming due.(4) In the event that a security deposit or the proceeds of a security deposit have been appropriated or partly appropriated, the relevant port authority may require lodgment of further security.(5) If at any time the relevant port authority considers that a depositor’s potential liabilities under this Part should be more adequately guaranteed, the relevant port authority may require the lodgment of security in a greater amount, or in a different form, or both.(6) This section is subject to the terms of any operating licence issued to a Port Corporation or of any contract made with the Minister by a contractor.
72 Failure to comply with relevant port authority’s requirements
(1) The relevant port authority may withhold or withdraw the provision of services or facilities to a person who fails to comply with any lawful requirement made by the relevant port authority with respect to the provision of those services or facilities, whether or not the person has paid a charge for the provision of the services or facilities.(2) Nothing in this section affects any other function or discretion of the relevant port authority in relation to its services and facilities.(3) This section is subject to the terms of any operating licence issued to a Port Corporation or of any contract made with the Minister by a contractor.
73 Liability of current owners and agents
(1) To the extent to which a charge under this Part, payable by the owner of a vessel, is not paid by the person who was the owner at the time the charge was incurred, the charge is payable by the person who is the owner at the time payment is demanded by the relevant port authority.(2) If, at the time when a vessel left a port:(a) there was an agent for the berthing or working of the vessel, and(b) there was no other agent for the vessel,that agent is liable, to the same extent as the owner of the vessel, for charges under this Part incurred by the vessel while in port and which are unpaid.(3) If, at the time when a vessel left a port, there was an agent for the vessel other than an agent for the berthing or working of the vessel, that agent is liable, to the same extent as the owner of the vessel, for any such unpaid charges.
74 Waiver or refund of charges
The relevant port authority may waive or refund the whole or any part of any charge under this Part that is due to the port authority in any particular case or class of cases.Editorial note. See clause 23 of Schedule 5 for the operational commencement of the amendments to this section by the Ports Assets (Authorised Transactions) Act 2012.
75 Part does not apply to Australian Defence Force vessels
(1) This Part does not apply to or in respect of a vessel belonging to the Defence Force of Australia, or its passengers or cargo.(2) However, the relevant port authority and the person otherwise liable to pay a charge under this Part may enter into an agreement under which all or any of the provisions of this Part apply to the vessel, its cargo or passengers.
(1) The regulations may make provision for or with respect to charges under this Part.(2) In particular, the regulations may make provision for or with respect to:(a) the manner of payment of charges under this Part, and(b) the furnishing to the relevant port authority of information relevant to the liability of any person to pay a charge under this Part, and(c) the furnishing to the relevant port authority of particulars of any cargo, or any vessel, in respect of which any charges are payable under this Part, and(d) ascertaining the gross tonnages of vessels, the quantity of any cargo and any other matter necessary or incidental to the calculation of the amount of any charge under this Part, and(e) the detention and inspection of any vessel, and the unloading of any cargo, for any of the purposes of this Part and the regulations, and(f) the exemption of any vessels, cargo or other things from this Part or any provisions of this Part.