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Ports Management Act 2015
89Termination and suspension, and variation of conditions, of
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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.