193Initial consideration and advice by Safe Transport Victoria in relation to certain requests

193 Initial consideration and advice by Safe Transport Victoria in relation to certain requests S. 193(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.75). (1) Before making a request for the making of a rule under section 194, a port management body, local port manager or waterway manager must notify Safe Transport Victoria of the body's or manager's intention to make the request. (2) A notification under subsection (1)— (a) must be in writing; and (b) must contain the following information— (i) the name and address of the body or manager; and (ii) a description of the rule that the body or manager proposes be made; and (iii) a statement of the nature and scope of the matter that is proposed to be addressed and an explanation of how the proposed rule would address the matter; and (c) may be accompanied by a draft of the proposed rule. S. 193(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.75). (3) On receiving a notification under subsection (1), Safe Transport Victoria must— (a) consider whether the rule that is proposed to be requested— S. 193(3)(a)(i) amended by No. 34/2023 s. 127(Sch. 1 item 7.75). (i) appears to be within the powers conferred on Safe Transport Victoria to make the rule; and (ii) is of a material nature or a non-material nature; and (b) within 2 weeks after receiving a notification under subsection (1)— (i) advise, in writing, the port management body, local port manager or waterway manager of the matters under subsection (5), (6) or (7), as the case requires; and (ii) publish notice of the advice in the Government Gazette. S. 193(4) amended by No. 34/2023 s. 127(Sch. 1 item 7.75). (4) An advice under this section must set out the reasons of Safe Transport Victoria as to the matters under subsection (5), (6) or (7), as the case requires. S. 193(5) amended by No. 34/2023 s. 127(Sch. 1 item 7.75). (5) If Safe Transport Victoria is of the view that the rule that is proposed to be requested appears to be within the powers conferred on Safe Transport Victoria to make the rule and is of a material nature, Safe Transport Victoria must advise the port management body, local port manager or waterway manager— (a) of that view; and (b) that it must comply with section 196 before making a request for the making of the rule under section 194. S. 193(6) amended by No. 34/2023 s. 127(Sch. 1 item 7.75). (6) If Safe Transport Victoria is of the view that the rule that is proposed to be requested appears to be within the powers conferred on Safe Transport Victoria to make the rule and is of a non-material nature, Safe Transport Victoria must advise the port management body, local port manager or waterway manager— (a) of that view; and (b) that it is not required to comply with section 196 before making a request for the making of the rule under section 194. S. 193(7) amended by No. 34/2023 s. 127(Sch. 1 item 7.75). (7) If Safe Transport Victoria is of the view that the rule that is proposed to be requested does not appear to be within the powers conferred on Safe Transport Victoria to make the rule, Safe Transport Victoria must advise the port management body, local port manager or waterway manager of that view.