Port Management Act 1995

The Commission must, not later than 6 months after a review period, conduct and complete an inquiry under the Essential Services Commission Act 2001 and report to the ESC Minister—

as to whether a provider of prescribed services to whom a Pricing Order applies has complied with the Order during the review period; and

if there was non-compliance with the Pricing Order, whether that non-compliance was, in the Commission's view, non-compliance in a significant and sustained manner.

Subject to this Division, an inquiry under this section must be conducted in accordance with Part 5 of the Essential Services Commission Act 2001 but sections 40 and 46 of that Act do not apply in respect of that inquiry.

As part of an inquiry under this section the Commission may take into account—

any findings it has made in reports on previous inquiries under this section; and

the nature and details of any instance of non‑compliance with a Pricing Order by a provider of prescribed services that is the subject of a report on a previous inquiry under this section.

Without limiting Part 5 of the Essential Services Commission Act 2001, a final report on an inquiry under this section must include—

the Commission's findings as to whether there has been non-compliance with a Pricing Order by a provider of prescribed services that is non-compliance in a significant and sustained manner; and

the Commission's reasons for those findings.

In this section—

the period commencing on the day on which the first Pricing Order made under section 49A takes effect and ending 5 years after that day; and

every subsequent period of 5 years commencing on the day after the day on which the previous period ends.