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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
South Australian Ports (Disposal of Maritime Assets)
(Miscellaneous) Amendment Bill 2007
A BILL FOR
An Act to amend the South Australian Ports (Disposal of Maritime Assets)
Act 2000.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of South Australian Ports
(Disposal of Maritime Assets) Act 2000
4 Amendment of section
21—Membership of panel
5 Substitution of section
22
22 Procedure of panel
6 Amendment of section
25—Notice of breach
7 Amendment of section 26—Limitation on
cross-ownership
The Parliament of South Australia enacts as
follows:
This Act may be cited as the South Australian Ports (Disposal of
Maritime Assets) (Miscellaneous) Amendment Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of South Australian Ports (Disposal of Maritime
Assets) Act 2000
4—Amendment of
section 21—Membership of panel
(1) Section 21(2)—delete subsection (2) and substitute:
(2) The membership of the panel is to be determined in accordance with the
regulations.
(2) Section 21(3)—delete "subsection (4)" and substitute:
the regulations
(3) Section 21(4)—delete subsection (4)
Section 22—delete the section and substitute:
22—Procedure of panel
Subject to the regulations, the panel may determine its own
procedures.
6—Amendment of
section 25—Notice of breach
Section 25—after subsection (2) insert:
(3) If the panel issues notices of non-performance in relation to 2
successive quarters to the operator, the panel must inform the Minister,
providing details of the nature of the non-performance.
7—Amendment of
section 26—Limitation on cross-ownership
(1) Section 26(1)—delete "must not simultaneously have" and
substitute:
has a cross-ownership interest if the person simultaneously
has
(2) Section 26(5) and (6)—delete subsections (5) and (6) and
substitute:
(5) If a person has a cross-ownership interest that, in the opinion of the
Minister, may result in the container terminal not being managed or operated in
the best interests of the State, the Minister may, by notice in writing given to
the person or to the person and an associate of the person, require the
divestiture of assets, within a reasonable period specified in the notice, to
the extent considered necessary by the Minister to avoid that result.
(6) Before exercising a power under subsection (5), the Minister
must—
(a) give the person or the person and the associate (as the case requires)
at least 21 days notice in writing of the proposed requirement for divestiture
and the reasons for the proposed requirement; and
(b) allow the person or the person and the associate (as the case
requires) a reasonable opportunity to show cause why the requirement for
divestiture should not be imposed and to provide supporting documents and other
information (verified by statutory declaration if required by the
Minister).
(7) If a person fails to comply with a notice under subsection (5),
the Minister may, by subsequent notice in writing to the person, confiscate
assets that have not been divested as required.
(8) A person to whom notice is given under subsection (5) or
subsection (7) may, within 21 days, apply to the Supreme Court for
judicial review of the decision to give the notice.