Port of Newcastle (Extinguishment of Liability) Regulation 2023
7Consideration of submissions about draft determination—the Act, s 9
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7 Consideration of submissions about draft determination—the Act, s 9
7 Consideration of submissions about draft determination—the Act, s 9
(1) For the Act, section 9(1)(c) and (3)(c), if the appointed person issues a draft determination to the parties before making the determination, the appointed person must—
(a) consider any written submissions about the draft determination that a party makes to the appointed person within the submission period for the draft determination, and
(b) if the appointed person does not agree with a submission—give the party that made the submission a written response explaining the appointed person’s reasons for disagreeing with the submission.
(2) The appointed person is not required to consider submissions made by a party after the end of the submission period for the draft determination.
(3) The appointed person may, on request of a party, extend the submission period for the draft determination if the appointed person is of the opinion that the extension is reasonable and necessary in the circumstances.
(4) If the appointed person must give a written response under subclause (1)(b), the appointed person must give the response when the appointed person makes the determination.
(5) In this section—
submission period, for a draft determination, means the longer of the following periods—
(a) the period of 42 days after the day on which the draft determination is issued, or
(b) if the appointed person extends the submission period under subsection (3)—the period as extended.