New South Wales Repealed Regulations

This legislation has been repealed.

PORTS AND MARITIME ADMINISTRATION REGULATION 2007 - REG 18T

18T Failure or refusal to perform truck servicing

(1) If a stevedore fails or refuses to perform the truck servicing for which a booking (the "failed booking") has been made:

(a) the stevedore is liable to pay a financial penalty of $100 to the carrier, and

(b) the stevedore must make an alternate slot available for booking by the carrier in a time zone that is no later than 24 hours after the time zone of the failed booking, and

(c) the carrier is not liable to pay to the stevedore any booking fee in connection with the failed booking, and

(d) the carrier is not liable to pay any storage charges to the stevedore that would otherwise be payable for storage of cargo in connection with the failed booking during the 24 hours after the time zone of the failed booking.

(2) A carrier is entitled to the repayment of any fee or charge already paid by the carrier that the carrier is not liable to pay because of this clause.

(3) A stevedore who demands or accepts payment from a carrier of a fee or charge that the carrier is not liable to pay because of this clause is guilty of an offence.

Maximum penalty: 100 penalty units.

(4) A stevedore who fails to make an alternate slot available for booking by a carrier as required by subclause (1) (b) is guilty of an offence.

Maximum penalty: 100 penalty units.

(5) This clause does not apply to a failure or refusal to perform truck servicing that results from:

(a) the truck not being capable of receiving the services for which the truck is booked, or

(b) any act or omission of the carrier or the driver of the truck that prevents the stevedore from providing the services for which the truck is booked or that prevents the stevedore from providing those services within the truck turnaround time for the booking.

(6) The mandatory standards can include provision requiring allowances and concessions to be made by a stevedore when a failure or refusal of the stevedore to perform truck servicing within the truck turnaround time results in delay for a carrier in connection with another booking, including provision for the following:

(a) requiring the stevedore to accept a truck for servicing outside the time zone for the other booking, and

(b) granting exemption from the payment of a financial penalty that would otherwise become payable in connection with the other booking because of the delay, and

(c) directing changes to the time of commencement of the truck turnaround time for the other booking to allow for the delay.