Maritime Services (Access) Act 2000

In deciding on the terms of an award, the arbitrator should take into account—

the operator's legitimate business interest and investment in the port or port facilities; and

the costs to the operator of providing the service (including the costs of any necessary modification to, or extension of, a port facility) but not costs associated with losses arising from increased competition in upstream or downstream markets; and

the economic value to the operator of any additional investment that the proponent or the operator has agreed to undertake; and

the interests of all persons holding contracts for use of any relevant port facility; and

firm and binding contractual obligations of the operator or other persons (or both) already using any relevant port facility; and

the operational and technical requirements necessary for the safe and reliable provision of the service; and

the economically efficient operation of any relevant port facility; and

the benefit to the public from having competitive markets; and

the pricing principles specified in subsection (2).

The pricing principles relating to the price of access to a service are as follows:

that access prices should allow multi‑part pricing and price discrimination when it aids efficiency;

that access prices should not allow a vertically integrated operator to set terms and conditions that would discriminate in favour of its downstream operations, except to the extent that the cost of providing access to others would be higher;

that access prices should provide incentives to reduce costs or otherwise improve productivity.