Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 10.02A

Inland terminals

  (1)   The Minister may, by legislative instrument, declare that a specified facility is an inland terminal for the purposes of this Part.

  (2)   The facility must be in Australia, but outside a designated port area.

  (3)   In making a declaration under subsection   (1), the Minister must have regard to the following matters:

  (a)   whether the facility is under the control of a person who is, or of persons each of whom is:

  (i)   an ocean carrier; or

  (ii)   a person who provides services at the facility at the request of an ocean carrier;

  (b)   whether the facility is used for either or both of the following purposes:

  (i)   assembling export cargoes for transport to a port terminal located at the port where the cargoes are to be loaded onto ships for export;

  (ii)   delivering imported cargoes to importers or their representatives;

  (c)   any other matters that the Minister thinks are relevant.

  (4)   In making a declaration under subsection   (1), the Minister must not give preference (within the meaning of section   99 of the Constitution) to one State or part of a State over another State or part of a State.

  (5)   A declaration under subsection   (1) has effect accordingly.


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