91FWhen must an audit be conducted?

91F When must an audit be conducted? (1) The port manager of a port must ensure that an audit under section 91E is conducted within 3 years after the previous audit was conducted. (2) If the Minister gives the port manager a direction under section 91H(1) to prepare a new management plan, the port manager must ensure that— (a) an audit under section 91E is conducted within 6 months after the plan is prepared; and (b) subsequent audits are conducted in accordance with subsection (1). (3) Despite subsections (1) and (2), the Minister may, by notice in writing to a port manager, specify an alternative time within which an audit under section 91E must be completed if— (a) the Minister is of the opinion that the change is necessary or appropriate; and (b) the Minister has consulted with the relevant Ministers, if the time specified under this subsection is earlier than otherwise required by subsection (1) or (2). S. 91FA inserted by No. 54/2012 s. 7. 91FA Reports on audits A person who has audited a management plan under section 91E must— (a) prepare a report to the port manager about the outcomes of the audit and the person's recommendations (if any) about any changes required to the plan or to the operations of the port to comply with the plan; and (b) forward a copy of the report to the Minister within 21 days after the person has completed the report; and (c) forward a copy of the report to any body that is prescribed in accordance with the regulations. S. 91G inserted by No. 85/2003 s. 18. 91G Ministerial guidelines (1) The Minister may issue guidelines about the following matters in relation to management plans— (a) the form of the plans; (b) the content of the plans; (c) the method and process for preparing the plans; (d) the processes to enable tenants, licensees and service providers in the port to be involved in the preparation and implementation of the plans; (e) the processes for consultation with people affected by the plans; S. 91G(1)(f) amended by No. 54/2012 s. 8(a). (f) the publication and availability of management plans; S. 91G(1)(g) inserted by No. 54/2012 s. 8(b). (g) the form and content of reports under section 91HB; S. 91G(1)(h) inserted by No. 54/2012 s. 8(b). (h) the date by which a report under section 91HB must be prepared. (2) The guidelines must be published in the Government Gazette and made available for inspection free of charge at the office of the Minister. (3) The Minister must consult with the relevant Ministers before issuing guidelines under this section. S. 91H inserted by No. 85/2003 s. 18. 91H Ministerial directions S. 91H(1) amended by No. 10/2016 s. 152(1). (1) The Minister may, by notice in writing to a port manager, direct that a management plan for the port or the part of the port must be prepared within any time fixed by the Minister other than that required by this Part. S. 91H(2) repealed by No. 54/2012 s. 9(1). (3) The Minister may, by notice in writing to a port manager, direct the port manager to— S. 91H(3)(a) amended by No. 10/2016 s. 152(2). (a) implement any of the measures or strategies that are specified in the management plan to prevent or reduce the hazards and risks associated with the operation of the port or the part of the port; or S. 91H(3)(b) amended by No. 10/2016 s. 152(2). (b) follow the processes that are set out in the management plan to involve tenants, licensees and service providers in the port or the part of the port with the implementation of the management plan; or (c) follow any procedures that are set out in the management plan for implementing, reviewing and revising the plan. S. 91H(4) amended by Nos 63/2007 s. 17, 54/2012 s. 9(2), 10/2016 s. 152(3), repealed by No. 25/2025 s. 41. S. 91H(4A) inserted by No. 54/2012 s. 9(3), repealed by No. 25/2025 s. 41. S. 91H(5) amended by Nos 54/2012 s. 9(4), 10/2016 s. 152(3). (5) The Minister may, by notice in writing to a port manager, direct the port manager to amend a management plan for the port or the part of the port to implement any recommendation of the person who has conducted an audit of the management plan under section 91E to make changes to the plan so that it continues to adequately provide for the matters required by section 91D(1). S. 91HA inserted by No. 54/2012 s. 10. 91HA Publication of audit (1) The Minister may, by notice in writing to a port manager, direct that the report of a person who has conducted an audit of a management plan must be published in accordance with the direction or any guidelines issued under section 91G. (2) In requiring a port manager to publish a report under subsection (1), the Minister cannot require the port manager to publish any information that— (a) is of a confidential or commercially sensitive nature; or (b) relates to the personal affairs of any person (including a deceased person). S. 91HB inserted by No. 54/2012 s. 10. 91HB Reporting S. 91HB(1) amended by No. 10/2016 s. 153. (1) The port manager must make an annual report to the Minister and any bodies that are prescribed by the regulations on the safety and environmental performance outcomes for the port or the part of the port. (2) A report under this section must comply with any guidelines issued under section 91G. S. 91I inserted by No. 85/2003 s. 18.