Port Management Act 1995

Subject to this section, after the giving of a show cause notice to a provider of prescribed services, the ESC Minister must decide whether to make a re-regulation recommendation.

Before making a decision under subsection (1), the ESC Minister must consult with the Minister.

In deciding whether to make a re-regulation recommendation, the ESC Minister must have regard to—

any written submission of the provider of prescribed services in response to the show cause notice that the Minister receives within the time specified in the notice, including any undertakings the provider proposes to give under section 49M; and

any further information the provider gives to the Minister on a request under section 49K(4); and

whether the provider has breached any undertaking given under section 49N; and

whether it is in the public interest that Division 3 apply in relation to the provision of prescribed services.

In having regard to the matter in subsection (3)(d), the ESC Minister must have regard to the objectives of this Part.

The ESC Minister must decide whether to make a re-regulation recommendation within 90 days after the later of—

the date specified in the show cause notice as the date by which the provider of prescribed services must make a submission; or

the date on which the provider must provide the information requested under section 49K(4) to the ESC Minister.