Port Management Act 1995

A State sponsored port is a port located in Port Phillip Bay (other than the port of Melbourne) or in Western Port Bay—

the main purpose of which is to handle international containers and at which containers may be handled; and

to which a matter or thing set out in subsection (2) applies.

The following are matters or things which apply for the purposes of subsection (1)—

the port has been partially or fully constructed or is being operated by—

a public sector entity; or

a private sector entity using financial support in the form of a grant from a public sector entity;

any equity funding for construction of the port has been or is provided by or on behalf of a public sector entity on materially better terms than would be available to the operator of that port from a private sector entity;

any debt funding for the construction of the port has been or is provided by or on behalf of a public sector entity on materially better terms than would be available to the operator of that port from a private sector entity;

a public sector entity provides financial support or a financial concession in respect of the port that has the effect of materially reducing the cost of capital for or operating costs of the port (including the operating costs of users of the port) and that support or concession or a similar support or concession is not available to the port of Melbourne operator;

a public sector entity provides financial support or a financial concession in respect of the costs of the transport of containers to or from the port that has the effect of materially reducing the operating costs of the transport of containers to or from the port and that support or concession, or a similar support or concession, is not available in respect of the transport of containers to or from the port of Melbourne;

a public sector entity provides financial support or a financial concession to users of or tenants at or prospective users of or tenants at the port such that their cost of being or becoming a user or tenant of the port is materially reduced and that support or concession, or a similar support or concession, is not available to users of or tenants at or prospective users of or tenants at the port of Melbourne.