Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a maritime security plan for a maritime industry participant is in force, the participant may, by written notice given to the Secretary, request the Secretary to vary the plan.
(2) The participant must set out the proposed variation in the notice.
(3) The notice must include:
(a) if the Secretary has established a port security zone or zones under subsection 102(1) within the area covered by the plan, and the participant proposes that such a zone be changed--a map that shows the proposed change; and
(b) if:
(i) the Secretary has established a port security zone or zones under subsection 102(1) within the area covered by the plan; and
(ii) the participant proposes that the Secretary should establish an additional port security zone within that area or revoke the establishment of an existing port security zone within that area;
a map that shows the zones that would be established within that area if the proposal were accepted.
(3A) The notice must be prepared in accordance with any requirements set out in the regulations.
(4) If the Secretary is satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:
(a) approve the variation; and
(b) give the participant written notice of the approval.
(5) If the Secretary is not satisfied that the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary must:
(a) refuse to approve the variation; and
(b) give the participant written notice of the refusal including reasons for the refusal.
(6) In determining whether the plan, as varied, would continue to adequately address the relevant requirements under Division 4, the Secretary may take account of existing circumstances as they relate to maritime transport, and offshore facility, security.
Failure to approve variation within consideration period
(7) If:
(a) a maritime industry participant gives the Secretary a notice requesting the Secretary to vary a maritime security plan; and
(b) the Secretary does not approve, or refuse to approve, the variation within the consideration period;
the Secretary is taken to have refused to approve the variation.
Note: A maritime industry participant may apply to the Administrative Review Tribunal for review of a decision to refuse to approve a variation under subsection (5) or (7): see section 201.
Secretary may request further information
(8) The Secretary may, by written notice given to the participant within the consideration period, request the participant to give the Secretary specified information relevant to the approval of the variation.
(9) The notice must specify a period of not more than 45 days within which the information must be given. However, if more than one notice is given to the participant under subsection (8), the total of the periods specified in the notices must not exceed 45 days.
Consideration period
(10) The consideration period is the period of 60 days commencing on the day on which the notice under subsection (1) requesting the variation was received by the Secretary, extended, in relation to each notice already given under subsection (8), by a number of days equal to the number of days falling within the period:
(a) commencing on the day on which the notice under subsection (8) was given; and
(b) ending on:
(i) the day on which the information requested in that notice was received by the Secretary; or
(ii) if the information is not given within the period specified in that notice--the last day of that period.