South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"associate"—see subsection (2);
"Commission" means the Essential Services Commission established under the
Essential Services Commission Act 2002 ;
"customer" means a person who seeks the provision of a maritime service;
"essential maritime industry" means an industry of providing an
essential maritime service or essential maritime services;
"essential maritime service" means a maritime service consisting of—
(a)
providing or allowing for access of vessels to a proclaimed port; or
(b)
providing port facilities for loading or unloading vessels at a
proclaimed port; or
(c)
providing berths for vessels at a proclaimed port;
"interested third party"—see section 14;
"maritime industry" means an industry of providing a maritime service or
maritime services;
"maritime service" means a service provided on a commercial basis of any of
the following kinds:
(a)
providing or allowing for access of vessels to a proclaimed port;
(b) a
pilotage service facilitating access to a proclaimed port;
(c)
providing berths for vessels at a proclaimed port;
(d)
providing port facilities for loading or unloading vessels at a
proclaimed port;
(e)
providing for the storage of goods at a proclaimed port;
(f)
providing access to land in connection with the provision of services of any
of the kinds mentioned above,
but does not include any of the following:
(g) a
towage service for facilitating access to a proclaimed port;
(h) a
bunkering service provided at a proclaimed port;
(i)
a service for the provisioning of vessels (including the
supply of electricity and water) within a proclaimed port;
(j) a
service for the removal of waste from vessels at a proclaimed port;
"port facility" means buildings, wharves and jetties, plant and equipment (but
not stevedoring plant and equipment) at a proclaimed port for carrying on a
business of providing a maritime service and includes natural and artificial
elements or aspects of a harbour on which a proclaimed port is established
that are relevant to such a business;
"pricing determination" means a determination under the
Essential Services Commission Act 2002 regulating prices, conditions
relating to prices and price-fixing factors for goods and services;
"proclaimed port" means a port declared by proclamation to be subject to this
Act;
"regulated operator" or "operator" means a person who is subject to the access
regime prescribed by this Act;
"regulated services" means services declared by proclamation to be
regulated services under section 10.
(2) Two persons are
"associates" of each other if—
(a) they
are related bodies corporate within the meaning of the Corporations Law ; or
(b) one
is a body corporate and the other is a director or secretary of the body
corporate; or
(c) they
are members of the same partnership or joint venture; or
(d) one
is a trustee and the other is a beneficiary of the same trust; or
(e)
there is an agreement, arrangement or understanding (whether enforceable or
not) under which—
(i)
one acts in accordance with the directions, instructions
or wishes of the other; or
(ii)
if one or both are bodies corporate—a majority of
the directors of one act in accordance with the directions, instructions or
wishes of the other,
(other than an agreement, arrangement or understanding entered into in the
ordinary course of business for the supply of goods or services); or
(f) the
regulations declare them to be associates for the purposes of this Act; or
(g) a
chain of associations can (by applying any one or more of the above
provisions) be traced between them through another person or other persons.