Port Management Act 1995

If the ESC Minister, having regard to an adverse compliance report and after consultation with the Minister, considers that the provider of prescribed services who is the subject of the report has not complied with a Pricing Order in a significant and sustained manner, the ESC Minister may give the provider a written notice (a show cause notice).

A show cause notice must—

state that the ESC Minister considers that the provider of prescribed services has not complied with the Pricing Order in a significant and sustained manner and that the ESC Minister is considering making a re‑regulation recommendation; and

set out the nature and details of non‑compliance with the Pricing Order that the ESC Minister considers constitute non-compliance in a significant and sustained manner; and

specify any actions that the ESC Minister considers the provider may take to remedy that non-compliance or to prevent non‑compliance, including the giving of an undertaking under section 49M; and

state that the provider may make written submissions to the ESC Minister, in the time specified in the show cause notice, as to why, in the provider's view, the ESC Minister should not make a re‑regulation recommendation.

The time specified in a show cause notice for the purposes of subsection (2)(d) must not be less than 60 days after the notice is given to the provider.

After receiving a written submission in response to a show cause notice, the ESC Minister, by written notice, may request further information from the provider of prescribed services within the period specified in that notice.

The ESC Minister must not give a show cause notice until any proceeding on an application to VCAT under section 55 of the Essential Services Commission Act 2001 relating to the adverse compliance report is finally heard and determined by VCAT.

The ESC Minister must cause to be published a show cause notice and a notice under subsection (4) on the Department's Internet site.