(1) The Secretary may, by notice published in the Gazette , designate a person as the port operator for a security regulated port.
(2) In designating a person as a port operator, the Secretary must take into account:
(a) the ability of the person to undertake the functions of a port operator; and
(b) the physical and operational features of the port; and
(c) the views of the person, or persons, responsible for managing the operations of the port.