Document ID: chunk:federal_register_of_legislation:C2024C00454:section:70
Version: federal_register_of_legislation:C2024C00454
Segment Type: section
Provision Reference: s 70
Character Range: 120943–123334

70  Approval of ship security plans
 (1) If the Secretary is satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must:
 (a) approve the plan; and
 (b) give the ship operator written notice of the approval.
 (2) If the Secretary is not satisfied that the plan adequately addresses the relevant requirements under Division 4, the Secretary must:
 (a) refuse to approve the plan; and
 (b) give the ship operator written notice of the refusal including reasons for the refusal.
 (3) In determining whether the plan adequately addresses 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 plan within consideration period
 (4) If:
 (a) the ship operator for a regulated Australian ship gives the Secretary a ship security plan for the ship; and
 (b) the Secretary does not approve, or refuse to approve, the plan within the consideration period;
the Secretary is taken to have refused to approve the plan.
Note: A ship operator may apply to the Administrative Review Tribunal for review of a decision to refuse to approve a ship security plan under subsection (2) or (4): see section 201.

Secretary may request further information
 (5) The Secretary may, by written notice given to the ship operator within the consideration period, request the ship operator to give the Secretary specified information relevant to the approval of the plan.
 (6) 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 ship operator under subsection (5), the total of the periods specified in the notices must not exceed 45 days.

Consideration period
 (7) The consideration period is the period of 60 days commencing on the day on which the Secretary received the plan, extended, in relation to each notice already given under subsection (5), 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 (5) 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.