(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 participant 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 participant 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 security.

(4)

If:

(a) a maritime industry participant gives the Secretary a maritime security plan; and
(b) the Secretary does not approve, or refuse to approve, the plan within the period of 90 days after the plan was given;

the Secretary is taken to have refused to approve the plan.

Note: A maritime industry participant may apply to the Administrative Appeals Tribunal for review of a decision to refuse to approve a maritime security plan under subsection (2) or (4): see section 201.