Darwin Port Corporation Act 1983 (NT)
NORTHERN TERRITORY OF AUSTRALIA
DARWIN PORT CORPORATION ACT 1983
As in force at 1 July 2015
northern territory of australia
As in force at 1 July 2015
DARWIN PORT CORPORATION act 1983
An Act to provide for the establishment of the Darwin Port Corporation, and for related purposes
This Act may be cited as the
This Act shall come into operation on a date to be fixed by the Administrator by notice in the
(1) Section 7 of the
Marine Ordinance 1911 of the State of South Australia in its application to the Territory is repealed.(2) The Acts specified in Schedule 2 are repealed.
This Act binds the Crown in right of the Territory.
In this Act:
(1) There is established by this Act a Corporation by the name of the Darwin Port Corporation.
(2) The Port Corporation:
(a) is a body corporate with perpetual succession; and
(b) is to have a common seal; and
(c) is capable, in its corporate name, of acquiring, holding and disposing of real, leasehold and personal property and of suing and being sued.
(2A) Without limiting subsection (2), the Port Corporation has power to do the following:
(a) form or participate in the formation of a body corporate or unit trust;
(b) acquire interests in, and sell or otherwise dispose of interests in, bodies corporate, unit trusts and joint ventures;
(c) form or enter into a partnership, joint venture or other association with other entities.
(3) All courts, judges and persons acting judicially must take judicial notice of the seal of the Port Corporation affixed to a document and must presume that it was duly affixed.
(4) The Port Corporation is an Agency for the
Public Sector Employment and Management Act 1993 andFinancial Management Act 1995 and is subject to each of those Acts in its operations.(5) Subsection (4) applies whether or not the Port Corporation is nominated in an Administrative Arrangements Order as an Agency for either or both of the Acts.
(6) The Port Corporation is constituted by the Chief Executive Officer appointed under the
Public Sector Employment and Management Act 1993 for the Agency.
(1) In performing its functions, the Port Corporation is subject to the directions of the Minister.
(2) The Minister may, in writing, direct the Port Corporation to act in a particular manner, including a non-commercial manner.
(3) If the Minister directs the Port Corporation to act in a non‑commercial manner, the direction must specify how the Corporation is to act.
(4) Before the Minister issues a direction, he or she must consult with the Port Corporation and, if the opinion of the Corporation is that the direction is not in the Corporation’s best interests, the Corporation must advise the Minister in writing of its objection and the reasons for the objection.
(5) If, after receiving the Port Corporation’s objection, the Minister confirms in writing the direction to the Corporation, the Corporation must comply with the direction.
(6) The Minister must table in the Legislative Assembly a copy of a direction given under this section within 6 sitting days of the Assembly after giving the direction.
Subject to section 15 and to any direction of the Chief Minister under section 13 of the
(a) to hold shares in any body corporate or units in any unit trust that it has formed or in the formation of which it has participated; and
(b) to hold any assets, rights and liabilities as defined in section 3(1) of the
Port of Darwin Act 2015 ; and(c) to employ or engage any persons.
Subject to section 15, the Port Corporation has power to do all things that by or under this Act it is required or permitted to do, or that are necessary or convenient to be done for or in connection with, or that are reasonably incidental to, the performance of its functions or complying with a direction of the Chief Minister under section 13 of the
The Port Corporation may, by instrument under its seal, delegate to a person any of its powers and functions under this Act, other than this power of delegation.
The Port Corporation is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies.
(1) The Port Corporation may be granted an estate in fee simple in Crown land, or a lease of Crown land, under the
Crown Lands Act 1992 .(2) If the Port Corporation is granted land in accordance with subsection (1), the Minister must give notice of the grant by
Gazette notice.
(1) The money of the Port Corporation consists of:
(a) money received in performing its functions and exercising its powers; and
(b) money received as grants; and
(c) any other money that from time to time becomes available for use by the Corporation.
(2) The money of the Port Corporation must be applied only for the purposes of the Corporation.
The Port Corporation must ensure:
(a) proper accounts and records of the transactions and affairs of the Corporation are kept; and
(b) there are adequate controls over the incurring of liabilities of the Corporation; and
(c) all payments out of the money of the Corporation are correctly made and properly authorised; and
(d) adequate control is maintained over the property of, or in the custody, control and management of, the Corporation.
(1) If the Port Corporation considers a matter is affecting, or is likely to affect, its operations in a way that hinders, prevents or otherwise adversely affects to a significant degree the performance of its functions or its financial position, the Corporation must, as soon as practicable after becoming aware of the matter, inform the Minister in writing of:
(a) the matter; and
(b) the reasons why it considers the matter is affecting, or will affect, that performance or financial position; and
(c) the effect the matter is having, or the likely effect the matter will have, on that performance or financial position.
(2) The Port Corporation must, in writing, report to the Minister for each financial year or other reporting period determined by the Minister about its financial performance during that period and its expected financial performance during the next 2 reporting periods.
(3) The report must:
(a) specify the financial performance targets of the Port Corporation for the reporting period, identify the targets the Corporation achieved and the targets it exceeded and identify the targets it did not achieve and specify the reasons why it did not achieve them; and
(b) detail the financial performance objectives of the Corporation for the next 2 reporting periods and include details of:
(i) the projected nature and scope of its activities for those periods, including material contracts and terms and conditions of any lease or sale or purchase of real property; and
(ii) its financial projections for those periods; and
(iii) the likely financial risks for the Corporation and its strategies to minimise the risks; and
(c) contain any other information the Minister requires.
(4) The Port Corporation must give the report to the Minister within 3 months after the end of the reporting period it refers to.
(1) The Treasurer may at any time request the Port Corporation to provide the Treasurer with the information the Treasurer considers will enable him or her to accurately assess its financial affairs.
(2) The Port Corporation must comply with the Treasurer’s request.
(1) After the end of each financial year, the Port Corporation must prepare a report on the administration of this Act and the operations of the Corporation during the financial year.
(2) The report must include details of any directions given to the Port Corporation under section 15 during the financial year.
(3) The Port Corporation must give a copy of the report to the Minister:
(a) within 5 months immediately following the end of the financial year; or
(b) if the Minister has specified another period – within that period.
(4) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days of the Assembly after receiving the report.
The Port Corporation or an employee is not civilly or criminally liable for:
(a) loss or damage arising out of an action or omission under this Part; or
(b) loss or damage arising out of an action or omission in the storage or handling of goods;
caused or permitted by it or him or her in the performance, in good faith, of its or his or her duties or powers under this Act, including its or his or her duties or powers as a bailee.
The Port Corporation may, on the expiration or determination of a lease granted or taken to have been granted by it:
(a) pay to the lessee the value, as determined by the Valuer-General, of any improvements lawfully erected by the lessee on the land comprised in the lease; or
(b) pay to the lessee the cost of reclamation work lawfully carried out by the lessee for or in connection with the purpose of the lease; or
(c) require the lessee to remove, at his or her own expense, any improvements erected on the land comprised in the lease.
(1) Subject to subsection (3), land vested in the Port Corporation is exempt from local government rates, charges and taxes.
(2) Subsection (1) does not apply so as to exempt the Port Corporation from payment of charges for a commodity or service provided or supplied by a local government council whether the charge made be assessed on the value of land occupied by or vested in the Port Corporation or otherwise.
(3) Where land vested in the Port Corporation is leased to a person, that land is not exempt from rates, charges or taxes under this section.
(4) Where a law authorises the imposition or levy of a rate, charge or tax on the land referred to in subsection (3), that rate, charge or tax is payable by the lessee or tenant of the land and not by the Port Corporation.
(1) Notwithstanding the repeals effected by section 3, the By-laws made under the repealed Act and in force immediately before the commencement of this Act continue to apply to the same extent as if the repealed Act had continued in operation and may be amended or repealed as if they were by-laws made under this Act.
(2) Where, immediately before the commencement of this Act, the Northern Territory Port Authority had a title to or an interest in an asset, or had a right, privilege, obligation or liability, contingent or otherwise, that title, interest, right, privilege, obligation or liability is transferred to the Port Authority.
(3) Where, immediately before the commencement of this Act, an activity was being carried on by or in the name of the Northern Territory Port Authority, the Port Authority may, subject to this Act, continue to carry on that activity.
(4) Where, immediately before the commencement of this Act, a person was:
(a) the Chairman;
(b) a member;
(c) the harbourmaster or assistant harbourmaster; or
(d) an authorised officer;
of the Northern Territory Port Authority he or she continues under this Act to be the Chairman, member, harbourmaster, assistant harbourmaster or authorized officer, as the case may be, as if appointed under this Act.
(5) An action, prosecution or other proceeding begun under the
Ports Act 1962 as then in force before the commencement of this Act may be continued as if this Act had never commenced, and an action, prosecution or other proceeding in respect of a thing done or omitted to be done under thePorts Act 1962 as then in force before the commencement of this Act may be brought, taken and prosecuted in the same manner as if this Act had never commenced.(6) Money that, if this Act had not come into operation, would be or become payable to the Northern Territory Port Authority is, or will become, as the case may be, payable to the Port Authority.
(7) Where a transfer is effected by subsection (2), the Port Authority continues an action by virtue of subsection (5), or money is or becomes payable by virtue of subsection (6), this Act is sufficient authority in relation to that money or to the matter transferred or continued:
(a) for a person having control of a register to register the transfer; and
(b) for the Port Authority, in its own name, to take or continue an action, or to do any other thing that, if this Act had not commenced, the Northern Territory Port Authority could have taken, continued or done; and
(c) for a person or body to take or continue an action, or to do any other thing, in relation to the Port Authority, that, if this Act had not commenced, that person or body could have taken, continued or done in relation to the Northern Territory Port Authority.
(8) Where, immediately before the commencement of this Act, a person had under the repealed Act, or the By-laws as then in force, a licence, or a certificate of registration in respect of a vessel, issued by the Northern Territory Port Authority, that person or vessel shall, on the commencement of this Act, be deemed to be licensed or registered, as the case may be, under this Act or the By-laws, and this Act, or the By-laws shall apply subject to the same terms and conditions, not inconsistent with this Act or the By‑laws, as then applied to and in relation to the licence or certificate of registration as if the licence or certificate of registration were specified under this Act or the By-laws in the licence or certificate of registration.
(9) In this section
the Northern Territory Port Authority means the Northern Territory Port Authority established under the repealed Act.
section 3
Number and year | Short title |
No. 47, 1962 | |
No. 51, 1963 | |
No. 1, 1968 | |
No. 2, 1970 | |
No. 52, 1971 | |
No. 7, 1972 | |
No. 12, 1973 | |
No. 44, 1974 | |
No. 45, 1974 | |
No. 64, 1974 | |
No. 25, 1975 | |
No. 34, 1976 | |
No. 50, 1978 | |
No. 81, 1979 | |
No. 36, 1981 | |
No. 81, 1981 |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 28 November 1983 |
Commenced | 1 January 1984 ( |
Assent date | 20 July 1984 |
Commenced | 20 July 1984 |
Assent date | 26 June 1985 |
Commenced | 26 June 1985 |
Assent date | 30 December 1986 |
Commenced | 30 December 1986 |
Assent date | 31 December 1987 |
Commenced | 31 December 1987 |
Assent date | 16 June 1993 |
Commenced | 8 July 1993 ( |
Assent date | 30 June 1993 |
Commenced | 1 July 1993 (s 2, s 2 |
Assent date | 31 December 1993 |
Commenced | 1 June 1994 (s 2, s 2 |
Assent date | 21 March 1995 |
Commenced | 1 April 1995 (s 2, s 2 |
Assent date | 21 October 1998 |
Commenced | 20 September 1999 ( |
Assent date | 29 June 2001 |
Commenced | 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth |
Assent date | 18 March 2003 |
Commenced | 18 March 2003 |
Assent date | 17 March 2005 |
Commenced | 17 March 2005 |
Assent date | 1 September 2009 |
Commenced | 16 September 2009 ( |
Assent date | 18 April 2011 |
Commenced | ss 5(3) and (4) and 9: 12 December 2011 ( |
Assent date | 21 December 2011 |
Commenced | 27 January 2012 |
Assent date | 8 November 2013 |
Commenced | 8 November 2013 |
Assent date | 13 November 2014 |
Commenced | 13 November 2014 |
Assent date | 22 May 2015 |
Commenced | pt 14, div 1: nc; pt 15, div 2: 1 July 2015; rem: 9 June 2015 ( |
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 9(2)
s 15
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 LIST OF AMENDMENTS
lt amd No. 80, 1998, s14; No. 11, 2015, s 168
pt 1 hdg amd No. 11, 2011, s 11
s 1 sub No. 80, 1998, s 4
s 5 amd No. 15, 1993, ss 4 and 12; No. 28, 1993, s 3; No. 80, 1998, s 5; No. 15, 2005, s 3; No. 11, 2011, s 4; No. 11, 2015, s 169
pt II hdg amd No. 80, 1998, s 14; No. 11, 2011, s 11
pt II
div 1 hdg amd No. 80, 1998, s 14
s 6 amd No. 80, 1998, s 14; No. 15, 2005, s 4; No. 11, 2011, s 11; No. 11, 2015, s 165
s 7 sub No. 15, 1993, s 5; No. 80, 1998, s 6
rep No. 15, 2005, s 5
s 7A ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
s 7B ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
s 7C ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
s 7D ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
s 7E ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
s 7F ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
s 7G ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
s 7H ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
pt II
div 1A hdg ins No. 80, 1998. s 6
rep No. 15, 2005, s 5
s 8 amd No. 28, 1985, s 9
sub No. 15, 1993, s 5
amd No. 28, 1993, s 3; No. 80, 1998, s 7
rep No. 15, 2005, s 5
s 9 sub No. 15, 1993, s 5
amd No. 80, 1998, s 14
rep No. 15, 2005, s 5
s 10 amd No. 28, 1985, s 9
sub No. 15, 1993, s 5
rep No. 15, 2005, s 5
ss 11 – 13 rep No. 15, 1993, s 5
s 14 rep No. 5, 1995, s 19
pt II
div 2 hdg amd No. 80, 1998, s 14
s 15 amd No. 80, 1998, s 8
sub No. 15, 2005, s 6
s 16 amd No. 15, 1993, s 6; No. 80, 1998, ss 9 and 14; No. 15, 2005, s 7; No. 11, 2011, s 5; No. 44, 2011, s 27
sub No. 11, 2015, s 170
s 17 amd No. 15, 1993, s 7; No. 80, 1998, s 14; No. 11, 2011, s 11; No. 11, 2015, s 171
s 17A ins No. 80, 1998, s 10
amd No. 15, 2005, s 8
rep No. 11, 2015, s 172
s 18 amd No. 80, 1998, s 14; No. 11, 2011, s 11
s 19 amd No. 80, 1998, s 14
rep No. 15, 2005, s 9
pt II
div 3 hdg rep No. 80, 1998, s 12
s 19A ins No. 15, 1993, s 8
rep No. 80, 1998, s 12
s 19B ins No. 15, 1993, s 8
rep No. 80, 1998, s 12
s 19C ins No. 15, 1993, s 8
rep No. 80, 1998, s 12
s 19D ins No. 15, 1993, s 8
rep No. 80, 1998, s 12
s 19E ins No. 15, 1993, s 8
rep No. 80, 1998, s 12
s 19F ins No. 15, 1993, s 8
rep No. 80, 1998, s 12
s 19G ins No. 15, 1993, s 8
rep No. 80, 1998, s 12
s 20 rep No. 15, 1993, s 8
ins No. 80, 1998, s 11
sub No. 17, 2001, s 8
s 20A ins No. 11, 2015, s 166
rep No. 11, 2015, s 172
s 21 rep No. 15, 1993, s 8
pt II
div 4 hdg amd No. 80, 1998, s 14
sub No. 11, 2011, s 6
rep No. 11, 2015, s 172
s 22 amd No. 28, 1985, s 9
rep No. 28, 1993, s 3
s 23 amd No. 15, 1993, s 12; No. 80, 1998, s 14
rep No. 15, 2005, s 9
s 24 amd No. 80, 1998, s 14
rep No. 15, 2005, s 9
s 25 amd No. 15, 1993, s 12; No. 80, 1998, s 14
sub No. 11, 2011, s 6
rep No. 11, 2015, s 172
s 26 amd No. 80, 1998, s 14
sub No. 11, 2011, s 6
rep No. 11, 2015, s 172
s 26A ins No. 11, 2011, s 6
amd No. 38, 2014, s 2
rep No. 11, 2015, s 172
ss 26B – 26G ins No. 11, 2011, s 6
rep No. 11, 2015, s 172
pt IIA hdg ins No. 15, 2005, s 10
amd No. 11, 2011, s 11
rep No. 11, 2015, s 172
pt IIA
div 1 hdg ins No. 15, 2005, s 10
rep No. 11, 2015, s 172
s 27 amd No. 15, 1993, s 12
sub No. 15, 2005, s 10
rep No. 11, 2015, s 172
ss 27A – 27C ins No. 15, 2005, s 10
rep No. 11, 2015, s 172
ss 27D – 27E ins No. 15, 2005, s 10
amd No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 27F ins No. 15, 2005, s 10
rep No. 11, 2015, s 172
s 27G ins No. 15, 2005, s 10
amd No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 27H – 27J ins No. 15, 2005, s 10
rep No. 11, 2015, s 172
pt IIA
div 2 hdg ins No. 15, 2005, s 10
rep No. 11, 2015, s 172
ss 27K – 27M ins No. 15, 2005, s 10
rep No. 11, 2015, s 172
pt IIA
div 3 hdg ins No. 15, 2005, s 10
rep No. 11, 2015, s 172
ss 27N – 27P ins No. 15, 2005, s 10
rep No. 11, 2015, s 172
pt IIB hdg ins No. 15, 2005, s 10
amd No. 11, 2011, s 11
s 28 amd No. 15, 1993, s 12; No. 80, 1998, s 14
sub No. 15, 2005, s 10
amd No. 11, 2011, s 11
ss 28A – 28C ins No. 15, 2005, s 10
amd No. 11, 2011, s 11
ss 28D – 28E ins No. 15, 2005, s 10
pt III hdg amd No. 11, 2011, s 11
rep No. 11, 2015, s 172
pt III
div 1 hdg rep No. 11, 2015, s 172
s 29 sub No. 15, 2005, s 11
amd No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 30 amd No. 80, 1998, s 14; No. 15, 2005, s 12; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 31 amd No. 15, 1993, s 12; No. 80, 1998, s 14; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 32 amd No. 15, 1993, s 12; No. 80, 1998, s 14; No. 15, 2005, s 13; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 33 amd No. 80, 1998, s 14; No. 15, 2005, s 14; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 34 amd No. 80, 1998, s 14; No. 15, 2005, s 15; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 35 amd No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 36 amd No. 80, 1998, s 14; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 37 amd No. 15, 1993, s 12; No. 11, 2011, s 11
rep No. 11, 2015, s 172
pt III
div 2 hdg rep No. 11, 2015, s 172
s 38 amd No. 80, 1998, s 14; No. 11, 2011, s 7
rep No. 11, 2015, s 172
s 39 amd No. 80, 1998, s 14; No. 11, 2011, s 8
rep No. 11, 2015, s 172
s 40 amd No. 80, 1998, s 14; No. 15, 2005, s 16; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 41 amd No. 80, 1998, s 14; No. 11, 2011, s 11
s 42 rep No. 11, 2015, s 172
s 43 rep No. 80, 1998, s 14
pt IV hdg amd No. 11, 2011, s 11
s 43A ins No. 15, 1993, s 9
amd No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 44 amd No. 80, 1998, s 14; No. 11, 2011, s 11
s 45 amd No. 84, 1993, s 6; No. 80, 1998, s 14; No. 25, 2009, s 10; No. 11, 2011, s 11; No. 28, 2013, s 61
s 46 amd No. 15, 1993, s 12; No. 80, 1998, s 14; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 47 amd No. 15, 2005, s 17; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 48 amd No. 15, 1993, s 10; No. 80, 1998, s 13; No. 12, 2003, s 18; No. 15, 2005, s 18; No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 49 sub No. 11, 2011, s 9
rep No. 11, 2015, s 172
pt V hdg ins No. 15, 2005, s 19
amd No. 11, 2011, s 11
s 50 amd No. 80, 1998, s 14; No. 11, 2011, s 11
pt VI hdg ins No. 15, 2005, s 20
amd No. 11, 2011, s 11
rep No. 11, 2015, s 172
s 51 ins No. 15, 2005, s 20
rep No. 11, 2015, s 172
pt 7 hdg ins No. 11, 2011, s 10
rep No. 11, 2015, s 172
s 52 ins No. 11, 2011, s 10
rep No. 11, 2015, s 172
sch 1 amd No. 27, 1984, s 2; No. 74, 1986, s 2; No. 59, 1987, s 5
rep No. 15, 1993, s 11
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