89Termination and suspension, and variation of conditions, of

89 Termination and suspension, and variation of conditions, of appointment (1) The Minister may terminate, or suspend for a specified period, the appointment of a person as a pilotage services provider if: (a) the Minister considers the person: (i) has contravened a condition of the appointment; or (ii) no longer meets the requirements for the appointment under this Division; and

Ports Management Act 2015 76 (b) for a termination of the appointment, the Minister: (i) has notified the person of the Minister's intention to terminate the appointment; and (ii) has specified in the notice that the person may, within a reasonable period specified in the notice, explain to the Minister why the appointment should not be terminated; and (iii) has taken into account any explanation given to the Minister within the specified period. (2) If a pilotage services contract to which a person appointed as a pilotage services provider is a party is terminated or expires, their appointment as a pilotage services provider is terminated by force of this subsection. (3) The Minister may vary a condition of the appointment of a person as a pilotage services provider if the Minister considers the variation is necessary: (a) to ensure compliance with this Act; or (b) in other circumstances prescribed by regulation for the purposes of safety. (4) The Minister must, as soon as practicable after making a decision under subsection (1) or (3) in relation to a pilotage services provider, give written notice of the decision to the pilotage services provider specifying: (b) that the pilotage services provider has a right to have the decision reviewed by the Tribunal.