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COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING) ACT 2012 - SECT 63

Inappropriate use of temporary licence

  (1)   The Minister may give a written notice (a show cause notice ) to the holder of a temporary licence under subsection   59(1) if the Minister considers that, having regard to:

  (a)   the number of voyages authorised by the temporary licence; and

  (b)   the loading dates authorised by the temporary licence; and

  (c)   the ports at which passengers or cargo are taken on board; and

  (d)   the ports at which passengers disembark or cargo is unloaded; and

  (e)   whether the licence has been varied under Subdivision C or D of this Division, and if so, how many times; and

  (f)   the provisions of Division   1 of this Part for the grant of a general licence;

the temporary licence is being used in a way that circumvents the purpose of the general licence provisions or the object of this Act.

  (2)   If subsection   (1) applies, paragraph   59(3)(b) applies as if it required the Minister, after considering any written statement given in accordance with the show cause notice, to be satisfied that the temporary licence is being used in a way that circumvents the purpose of the general licence provisions or the object of this Act.

Note:   The Minister may cancel a temporary licence under subsection   59(3).



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