Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p6
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 12339–15207

failed to comply with subsection 25(4);

the Minister may terminate the appointment of all members or specified members.".

7. Subsection 21(3A):

  Omit the subsection, substitute:

  "(3A) If the Minister is of the opinion that:

  (a) the Authority has failed to comply with section 9B of this Act; or

  (b) the members have failed to comply with:

     (i) subsection 25(4) of this Act; or

     (ii) subsection 13(2) or 15(1) of the Commonwealth Authorities and Companies Act 1995', or

     (iii) paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1995',

the Minister may terminate the appointment of all members or specified members.".

8. Sections 25 and 26:

  Repeal the sections, substitute:

Corporate plan

"25.(1) The members must prepare a corporate plan at least once a year and give it to the Minister.

"(2) If the Minister asks the members to give the plan to the Minister by a specified day, the members must give the plan to the Minister by that day.

SCHEDULE 1—continued

  "(3) The plan must cover a period of at least 3 years.

  "(4) The members must keep the Minister informed about:

  (a) significant changes to the plan; and

  (b) matters that arise that might significantly affect the achievement of the objectives of the plan.

  "(5) The plan must include details of the following matters:

  (a) assumptions about the Authority's operational environment;

  (b) the Authority's strategies;

  (c) performance indicators for the Authority;

  (c) review of performance against previous corporate plans;

  (d) analysis of risk factors likely to affect safety in the maritime industry;

  (e) human resource strategies and industrial relations strategies.

"(6) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (5).

"(7) In preparing the plan, the members must take account of notices given under section 9A.

Minister's response to corporate plan

"26.(1) The Minister must respond to a corporate plan within 60 days of being given the plan.

"(2) The Minister's response may include a direction to the members to vary the plan.

"(3) A direction under subsection (2) must be in writing and must set out its reasons.

"(4) If directing a variation of the corporate plan, the Minister must consider:

  (a) the objectives and policies of the Commonwealth Government; and

  (b) the objects of this Act; and

  (c)any other considerations the Minister thinks appropriate.

"(5) If the Minister's response includes a direction to vary the corporate plan, the members must prepare a revised plan and give it to the Minister within 28 days of being given the response.".

9. Section 27:

Omit "preparing the financial plan, the Authority", substitute "including details of the performance indicators for the Authority in the