South Australian Consolidated Acts

HARBORS AND NAVIGATION ACT 1993 - SECT 28H

28H—Powers of the manager

        (1)         The official manager—

            (a)         is to assume the control and management of the port; and

            (b)         is entitled to possession and control of property of the port operator (or former port operator)—

                  (i)         used for the purpose of operating the port; and

                  (ii)         defined in the port operating agreement as property subject to the application of this paragraph; and

            (c)         is, while the appointment continues in force, taken to be the port operator.

        (2)         Any proceeds of the business while under official management are to be applied as follows:

            (a)         first, the proceeds are to be applied towards the costs of official management (including the official manager's remuneration); and

            (b)         secondly, a reasonable rental for the property over which the manager has assumed control is to be paid out of the proceeds while the property remains in the manager's possession; and

            (c)         thirdly, any remaining balance is to be paid into the Consolidated Account.

        (3)         A port operating agreement may exclude or modify the provisions of subsection (1) or (2).

        (4)         The regulations may confer powers and impose duties on official managers and regulate official management in other ways.