Victorian Current Acts

PORT MANAGEMENT ACT 1995 - SECT 49M

    (1)     The ESC Minister may accept a written undertaking given by a provider of prescribed services who is the subject of an adverse compliance report in relation to the provider's non-compliance with a Pricing Order if the ESC Minister is satisfied that—

        (a)     the terms of the undertaking offered by the provider are appropriate to adequately address the provider's non-compliance with a Pricing Order; and

        (b)     the provider is reasonably likely to comply with the terms of the undertaking.

    (2)     Before accepting an undertaking under subsection (1), the ESC Minister must consult with the Minister.

    (3)     The provider of prescribed services may withdraw or vary the undertaking at any time, but only with the consent of the ESC Minister.

S. 49M(4) amended by Nos 3/2017 s. 50(Sch. 1 item 5), 49/2019 s. 186(Sch.  4 item 34.2).

    (4)     The ESC Minister must cause to be published a copy of an undertaking accepted under subsection (1) on an internet site maintained by the Department of Transport.

S. 49N inserted by No. 10/2016 s. 108.