• Specific Year
    Any

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 193 Initial consideration and advice by Safety Director in relation to certain requests

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 193

Initial consideration and advice by Safety Director in relation to certain requests

    (1)     Before making a request for the making of a rule under section 194, a port management body, local port manager or waterway manager must notify the Safety Director of the body's or manager's intention to make the request.

    (2)     A notification under subsection (1)—

        (a)     must be in writing; and

        (b)     must contain the following information—

              (i)     the name and address of the body or manager; and

              (ii)     a description of the rule that the body or manager proposes be made; and

              (iii)     a statement of the nature and scope of the matter that is proposed to be addressed and an explanation of how the proposed rule would address the matter; and

        (c)     may be accompanied by a draft of the proposed rule.

    (3)     On receiving a notification under subsection (1), the Safety Director must—

        (a)     consider whether the rule that is proposed to be requested—

              (i)     appears to be within the powers conferred on the Safety Director to make the rule; and

              (ii)     is of a material nature or a non-material nature; and

        (b)     within 2 weeks after receiving a notification under subsection (1)—

              (i)     advise, in writing, the port management body, local port manager or waterway manager of the matters under subsection (5), (6) or (7), as the case requires; and

              (ii)     publish notice of the advice in the Government Gazette.

    (4)     An advice under this section must set out the reasons of the Safety Director as to the matters under subsection (5), (6) or (7), as the case requires.

    (5)     If the Safety Director is of the view that the rule that is proposed to be requested appears to be within the powers conferred on the Safety Director to make the rule and is of a material nature, the Safety Director must advise the port management body, local port manager or waterway manager

s. 193

        (a)     of that view; and

        (b)     that it must comply with section 196 before making a request for the making of the rule under section 194.

    (6)     If the Safety Director is of the view that the rule that is proposed to be requested appears to be within the powers conferred on the Safety Director to make the rule and is of a non-material nature, the Safety Director must advise the port management body, local port manager or waterway manager

        (a)     of that view; and

        (b)     that it is not required to comply with section 196 before making a request for the making of the rule under section 194.

    (7)     If the Safety Director is of the view that the rule that is proposed to be requested does not appear to be within the powers conferred on the Safety Director to make the rule, the Safety Director must advise the port management body, local port manager or waterway manager of that view.