Document ID: chunk:federal_register_of_legislation:C2004A00716:clause:1_49
Version: federal_register_of_legislation:C2004A00716
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 15334–16692

49  After section 10.02
Insert:

10.02A  Inland terminals

 (1) The Minister may, by writing, 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.

 (6) A declaration under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.