Document ID: chunk:federal_register_of_legislation:C2006A00024:clause:2_77
Version: federal_register_of_legislation:C2006A00024
Segment Type: clause
Provision Reference: sch 2 cl 77
Character Range: 57185–59182

77  Subsections 286(4) and (5)
Repeal the subsections, substitute:

 (4) If:
 (a) a continuing permit is in force in respect of a particular unlicensed ship; and
 (b) at any time, the Minister forms the view that it may be no longer desirable in the public interest for that permit to remain in force:
the Minister may, by notice in writing:
 (c) inform the permit holder that he or she is of that view; and
 (d) invite the permit holder to show cause, within 7 days of receipt of that notice, why the permit should not be cancelled.

 (5) A notice under subsection (4) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 (5A) If, after having regard to any representations made by or on behalf of the permit holder and to any other relevant matter, the Minister is satisfied that it continues to be desirable in the public interest for the continuing permit to remain in force, the Minister must inform the permit holder that he or she is so satisfied.

 (5B) If, after having regard to any representations made by or on behalf of the permit holder and to any other relevant matter, the Minister is satisfied that it is no longer desirable in the public interest for the continuing permit to remain in force, the Minister must:
 (a) cancel the permit with effect from a specified day at least 14 days after the Minister becomes so satisfied; and
 (b) notify the permit holder of the fact of the cancellation and its date of effect and of the reasons for the cancellation.

 (5C) The Minister must, within 14 days of making a decision under subsection (1) to grant a continuing permit or a decision under subsection (5B) to cancel such a permit, notify in the Gazette:
 (a) in the case of a decision to grant a permit—the issue of the permit and particulars of the permit issued; or
 (b) in the case of a decision to cancel a permit—the cancellation of the permit, particulars of the permit cancelled and the date from which the cancellation takes effect.