MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 191 Safety Director must assess appropriateness of urgent safety rule

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 191

    (1)     This section applies if the Safety Director makes an urgent safety rule.

    (2)     As soon as reasonably practicable after making the urgent safety rule, the Safety Director must assess—

        (a)     whether the making of the rule was the only means available to address the matter addressed by that rule; and

        (b)     if so, whether that rule was the most appropriate rule to be made to address that matter.

    (3)     In making a decision under subsection (2), the Safety Director must have regard to—

        (a)     the mandatory considerations; and

        (b)     submissions and comments that the Safety Director receives in accordance with section 192.

    (4)     The Safety Director must publish his or her decision under subsection (2) on the Safety Director's Internet site and notice of the making of the decision must be published in the Government Gazette.

    (5)     A decision that is published under subsection (4) must contain a statement of the reasons of the Safety Director including—

        (a)     a description of the matter that was addressed by the making of the urgent safety rule; and

        (b)     the Safety Director's conclusions after having regard to the mandatory considerations.

    (6)     If the Safety Director decides that—

        (a)     the urgent safety rule was not the only means available to address the matter addressed by the rule; and

        (b)     there is a more appropriate, non-legislative way to address the matter—

the Safety Director must, within 12 months after the making of the decision, make a rule that undoes the effect of the urgent safety rule.

    (7)     If the Safety Director decides that—

        (a)     a rule was the only means available to address the matter addressed by the urgent safety rule; but

        (b)     the urgent safety rule was not the most appropriate rule to be made to address that matter—

the Safety Director must, within 12 months after the making of the decision, make a rule that more appropriately addresses that matter.