Port of Newcastle (Extinguishment of Liability) Regulation 2023
4Prescribed period for making determination—the Act, s 7
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4 Prescribed period for making determination—the Act, s 7
4 Prescribed period for making determination—the Act, s 7
(1) For the Act, section 7(2)(b), the prescribed period is—
(a) 6 months from the appointment date, or
(b) if, before the end of the 6 month period, the appointed person gives written notice to the Treasurer and the Port operator that the appointed person has formed the view, that is reasonable in the circumstances, that additional time is required to complete the determination—12 months from the appointment date.
(2) The notice must include the reasons the appointed person formed the view that additional time is required to complete the determination.
(3) If the appointed person issues a draft determination to the Port operator and the State before the end of the prescribed period, the prescribed period is extended by 3 months.
(4) Subsection (3) applies only in relation to the first draft determination issued by the appointed person.
(5) In this section—
appointment date means the date the appointed person is appointed under the Act, section 6.