(c) the person who, immediately before cargo is loaded onto a vessel that proposes to use the channel, is the owner of the cargo. (3A) A fee determined under subsection (1) by S. 75(3A) inserted by the Victorian Ports Corporation (Melbourne) No. 10/2016 (other than an anchorage fee) is not payable s. 125(5), amended by under subsection (3) unless the fee is an approved No. 10/2016 channel fee. s. 179(Sch. 1 item 7.21). Note The Victorian Ports Corporation (Melbourne) is the channel Note to s. 75(3A) operator for port of Melbourne waters—see the definition of amended by in section 3(1). channel operator No. 10/2016 s. 179(Sch. 1 item 7.22). (4) If a fee determined under subsection (1) is not S. 75(4) amended by paid by the person liable under the determination No. 10/2016 to pay it, that person and the person who is the s. 125(6). owner of the cargo, at the time payment is demanded by VRCA, the channel operator or the port of Melbourne operator (as the case requires), are jointly and severally liable for the payment of the fee. (5) Nothing in this section affects a fee payable for the services specified in subsection (1) in accordance with the terms of a contract. * * * * * Ss 76, 77 repealed by No. 51/1996 s. 10(1). 78 Payment of wharfage and channel fees S. 78 (Heading) inserted by No. 63/2007 s. 18(Sch. item 1(1)).
(c) the person who, immediately before cargo is loaded onto a vessel that proposes to use the channel, is the owner of the cargo. S. 75(3A) inserted by No. 10/2016 s. 125(5), amended by No. 10/2016 s. 179(Sch. 1 item 7.21). (3A) A fee determined under subsection (1) by the Victorian Ports Corporation (Melbourne) (other than an anchorage fee) is not payable under subsection (3) unless the fee is an approved channel fee. Note Note to s. 75(3A) amended by No. 10/2016 s. 179(Sch. 1 item 7.22). The Victorian Ports Corporation (Melbourne) is the channel operator for port of Melbourne waters—see the definition of channel operator in section 3(1). S. 75(4) amended by No. 10/2016 s. 125(6). (4) If a fee determined under subsection (1) is not paid by the person liable under the determination to pay it, that person and the person who is the owner of the cargo, at the time payment is demanded by VRCA, the channel operator or the port of Melbourne operator (as the case requires), are jointly and severally liable for the payment of the fee. (5) Nothing in this section affects a fee payable for the services specified in subsection (1) in accordance with the terms of a contract. Ss 76, 77 repealed by No. 51/1996 s. 10(1). * * * * * S. 78 (Heading) inserted by No. 63/2007 s. 18(Sch. item 1(1)). 78 Payment of wharfage and channel fees